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This is a Bill, not an Act. For current law, see the Acts databases.


PUBLIC TRANSPORT AUTHORITY BILL 2003

                        Western Australia


      Public Transport Authority Bill 2003

                           CONTENTS


       Part 1 -- Preliminary
1.     Short title                                              2
2.     Commencement                                             2
3.     Terms used in this Act                                   2
4.     Relationship with other laws                             3
       Part 2 -- Public Transport Authority of
            Western Australia
5.     Authority established                                    5
6.     Status                                                   5
7.     Management                                               5
       Part 3 -- Staff and contractors
8.     Authority to be an SES organisation                      6
9.     Chief executive officer                                  6
10.    Other staff and contractors                              6
11.    Use of government staff and facilities                   6
       Part 4 -- Functions of the Authority
12.    Functions                                                8
13.    Powers generally                                         8
14.    Use of certain Crown land by Authority                  10
15.    Dealing with certain Crown land                         11
16.    Restriction on certain dealings in other land           12
17.    Authority may operate on corridor land under the Rail
       Freight System Act 2000                                 12
18.    Use of names for Authority and its operations           12
19.    Delegation by Authority                                 13



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Public Transport Authority Bill 2003



Contents



           Part 5 -- Accountability and financial
                provisions
           Division 1 -- Accountability
   20.     Draft operational plan to be submitted to Minister        14
   21.     Content of operational plan                               14
   22.     Minister's powers in relation to draft operational plan   15
   23.     Modifications of operational plan                         16
   24.     Duty to observe operational plan                          16
   25.     Consultation                                              16
   26.     Minister to be kept informed                              16
   27.     Minister may give directions                              17
   28.     Minister to have access to information                    17
   29.     Deletion of commercially sensitive matters                18
   30.     Protection for disclosure or compliance with
           directions                                                19
           Division 2 -- Financial provisions
   31.     Authority's funds                                         19
   32.     Public Transport Authority Account                        19
   33.     Borrowing                                                 20
   34.     Guarantees                                                20
   35.     Charges for guarantee                                     20
   36.     The Authority may extend credit to customers or
           suppliers                                                 21
   37.     Notice of financial difficulty                            21
           Division 3 -- Financial Administration and Audit
                  Act 1985
   38.     Application of Financial Administration and Audit
           Act 1985                                                  21
           Part 6 -- Miscellaneous
           Division 1 -- Protection of people dealing with
                 Authority
   39.     People dealing with Authority may make assumptions        22
   40.     Third parties may make assumptions                        22
   41.     Matters that can be assumed                               22
   42.     When those matters cannot be assumed                      23
           Division 2 -- Infringement notices
   43.     Meaning of "prescribed" in this Division                  24


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                                                             Contents



44.   Giving of notice                                          24
45.   Content of notice                                         24
46.   Extension of time                                         25
47.   Withdrawal of notice                                      25
48.   Benefit of paying modified penalty                        25
49.   Application of penalties collected                        26
      Division 3 -- Other provisions
50.   Authority exempt from certain rates and taxes             26
51.   Execution of documents by Authority                       26
52.   Contract formalities                                      27
53.   Assignment of benefit of contract                         28
54.   Protection from liability for wrongdoing                  28
55.   Exchange of information                                   29
56.   Authorised persons and security officers                  31
57.   Obtaining details of certain offenders                    31
58.   Offenders may be taken into custody in some
      circumstances                                             32
59.   Security officer may help execute certain warrants        33
60.   Searching persons taken into custody                      33
61.   Search without warrant                                    34
62.   Provisions about searching a person                       34
63.   Seizure of property                                       35
64.   Unclaimed property                                        35
65.   Ejecting people from Authority property                   36
66.   Prosecutions                                              37
67.   Young offenders                                           37
68.   Proof of certain matters                                  37
69.   Regulations                                               38
70.   Review of Act                                             39
      Part 7 -- Transitional matters
      Division 1 -- Metropolitan passenger transport
            functions from Minister to Authority
71.   Terms used in this Division                               40
72.   Minister may make transfer order                          41
73.   Consequences of transfer order                            42
74.   Completion of necessary transactions                      43
75.   Registration of documents                                 43
76.   Rectifying error in transfer order                        44
77.   Certain Crown land                                        45

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   78.     Metropolitan Passenger Transport Fund                  45
           Division 2 -- Transition from former Government
                 Railways Act 1904 bodies to Authority
   79.     Terms used in this Division                            45
   80.     Authority is successor of former bodies                46
   81.     Transitional provisions                                47
   82.     Completion of necessary transactions                   48
   83.     Registration of documents                              48
   84.     By-laws under Government Railways Act 1904
           section 23 continue                                    49
   85.     References in written laws to former bodies            49
           Division 3 -- Transition from Rail Corridor
                 Minister to Authority
   86.     Terms used in this Division                            50
   87.     Transitional provisions                                51
   88.     Completion of necessary transactions                   51
   89.     Registration of documents                              52
   90.     References in written laws to Rail Corridor Minister   52
           Division 4 -- Abolition of Metropolitan (Perth)
                 Passenger Transport Trust
   91.     Winding up of affairs of Metropolitan (Perth)
           Passenger Transport Trust                              53
           Division 5 -- State tax implications of transitions
   92.     Exemption from State tax                               54
           Division 6 -- Other provisions
   93.     Certain contributions by former body suffice           54
   94.     Tourist railways                                       55
   95.     Saving                                                 55
           Part 8 -- Other Acts
           Division 1 -- Government Railways Act 1904 and
                 related provisions
   96.     Government Railways Act 1904 amended                   56
   97.     Section 2 amended                                      56
   98.     Section 2AA inserted                                   57
   99.     Section 3 replaced                                     58
   100.    Section 4 replaced                                     58
   101.    Section 5 repealed                                     59
   102.    Section 7 amended                                      59

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103.   Part II repealed                                        59
104.   Section 13 amended                                      59
105.   Section 14 replaced                                     59
106.   Section 16 repealed                                     60
107.   Section 19 repealed                                     60
108.   Section 21 repealed                                     60
109.   Section 23 amended                                      60
110.   Section 24 amended                                      61
111.   Sections 28, 28A, and 29 repealed                       61
112.   Section 33 amended                                      62
113.   Section 37 amended                                      62
114.   Section 44 amended                                      62
115.   Section 45 amended                                      62
116.   Section 46 amended                                      63
117.   Section 52 repealed                                     63
118.   Part IV repealed                                        63
119.   Section 61 amended                                      63
120.   Sections 62, 63, and 64 repealed                        63
121.   Section 64 inserted                                     64
122.   Sections 65 and 66 repealed                             64
123.   Section 66A replaced                                    64
124.   Section 67 repealed                                     66
125.   Section 71 repealed                                     66
126.   Section 73 amended                                      66
127.   Section 74 amended                                      68
128.   Section 75 repealed                                     68
129.   Section 76 replaced                                     68
130.   Section 77 amended                                      69
131.   Sections 85, 86, and 87 repealed                        69
132.   Section 88 amended                                      69
133.   Section 90 repealed                                     69
134.   Sections 93 and 93A repealed                            69
135.   Section 94 replaced                                     70
136.   Section 95 replaced                                     70
137.   Section 96 amended                                      70
138.   Section 97 repealed                                     71
139.   Various references to Commission amended                72
140.   Agriculture Protection Board Act 1950 amended           73
141.   Alumina Refinery Agreement Act 1961 amended             73
142.   Anglo-Persian Oil Company Limited's (Private)
       Act 1919 amended                                        74

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Public Transport Authority Bill 2003



Contents



   143.    Armadale Redevelopment Act 2001 amended              74
   144.    British Imperial Oil Company, Limited (Private)
           Act 1925 amended                                     75
   145.    Broken Hill Proprietary Company's Integrated Steel
           Works Agreement Act 1960 amended                     75
   146.    Bunbury Railway Lands Act 1985 repealed              76
   147.    Industrial Relations Act 1979 amended                76
   148.    Jetties Act 1926 amended                             77
   149.    Kalgoorlie-Parkeston Railway Act 1959 repealed       77
   150.    Land Administration Act 1997 amended                 78
   151.    Liquor Licensing Act 1988 amended                    78
   152.    Railways (Access) Act 1998 amended                   79
   153.    State Superannuation (Transitional and
           Consequential Provisions) Act 2000 amended           80
   154.    Subiaco Redevelopment Act 1994 amended               80
   155.    Weights and Measures Act 1915 amended                81
           Division 2 -- Metropolitan (Perth) Passenger
                  Transport Trust Act 1957 and related
                  provisions
   156.    Metropolitan (Perth) Passenger Transport Trust
           Act 1957 repealed                                    81
   157.    Disposal of Uncollected Goods Act 1970 Schedule
           amended                                              81
   158.    State Superannuation (Transitional and
           Consequential Provisions) Act 2000 amended           81
           Division 3 -- Public Works Act 1902 and related
                  provisions
   159.    Public Works Act 1902 amended                        82
   160.    Section 2 amended                                    82
   161.    Section 11 amended                                   82
   162.    Section 83C amended                                  83
   163.    Section 113A amended                                 83
   164.    Section 116 repealed                                 83
   165.    Section 120 amended                                  83
   166.    Various references to Minister amended               84
   167.    Land Administration Act 1997 amended                 85
   168.    Soil and Land Conservation Act 1945 amended          85
           Division 4 -- Rail Freight System Act 2000
   169.    The Act amended                                      86
   170.    Long title amended                                   86

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171.   Section 3 amended                                        86
172.   Section 4 amended                                        87
173.   Section 8 amended                                        87
174.   Section 17 repealed                                      87
175.   Section 31 amended                                       87
176.   Section 32 replaced                                      88
177.   Section 33 replaced                                      88
178.   Section 34 replaced                                      89
179.   Section 35 amended                                       89
180.   Section 36 replaced                                      89
181.   Section 39 amended                                       90
182.   Section 41 amended                                       90
183.   Section 42 amended                                       90
184.   Section 44 amended                                       90
185.   Section 46 amended                                       91
186.   Section 49 amended                                       91
187.   Various references to Rail Corridor Minister amended     91
188.   More references to Rail Corridor Minister amended        92
189.   Various references to Commission amended                 92
       Division 5 -- Transport Co-ordination Act 1966
190.   The Act amended                                          93
191.   Long title amended                                       93
192.   Section 10 inserted                                      94
193.   Section 15B amended                                      95
194.   Section 16 amended                                       95
195.   Part II Division 4 repealed                              95
196.   Section 60 amended                                       95
197.   Section 62B repealed                                     95
       Division 6 -- Other Acts repealed
198.   Midland Railway Act 1919                                 95
199.   The Midland Railway Company of Western Australia
       Limited Acquisition Agreement Act 1963                   95
200.   Perth Regional Railway Act 1972                          95
201.   The Guildford-Greenough Flats Railway Act 1886           96
       Division 7 -- Acts requiring minor changes
202.   Constitution Acts Amendment Act 1899 Schedule V
       amended                                                  96
203.   Disposal of Uncollected Goods Act 1970 Schedule
       amended                                                  96


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Contents



   204.     Financial Administration and Audit Act 1985
            Schedule 1 amended                                     97
   205.     Forrest Place and City Station Development Act 1985
            amended                                                97
   206.     Protective Custody Act 2000 amended                    99
   207.     Public Sector Management Act 1994 Schedule 2
            amended                                               100
   208.     Statutory Corporations (Liability of Directors)
            Act 1996 Schedule 1 amended                           100
   209.     Weapons Act 1999 amended                              100
            Defined Terms




page viii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in committee)


        Public Transport Authority Bill 2003


                               A Bill for


An Act to establish a State agency responsible for providing public
passenger transport services anywhere in the State and performing
functions under other Acts, to amend or repeal certain Acts, and to
provide for related matters.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Public Transport Authority Bill 2003
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Public Transport Authority
                Act 2003.

5    2.         Commencement
          (1)   This Act, other than this Part and Part 7 Division 1, comes into
                operation on a day fixed by proclamation.
          (2)   This Part and Part 7 Division 1 come into operation on the day
                on which this Act receives the Royal Assent.

10   3.         Terms used in this Act
                In this Act, unless the contrary intention appears --
                "authorised person" means a person designated under
                     section 56 by the chief executive officer to be an authorised
                     person for the purposes of the provision in which the term
15                   is used;
                "Authority" means the Public Transport Authority of Western
                    Australia established by section 5;
                "Authority property" means land or other property that --
                    (a) belongs to the Authority;
20                  (b) is under the care, control, or management of the
                          Authority; or
                    (c) is operated on behalf of the Authority;
                "chief executive officer" means the chief executive officer,
                    under the Public Sector Management Act 1994, of the
25                  Authority;
                "Crown land" has the meaning given to that term in the Land
                    Administration Act 1997;
                "operational plan" means an operational plan under Part 5
                    Division 1;


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                                              Public Transport Authority Bill 2003
                                                       Preliminary          Part 1

                                                                                s. 4



                "prescribed means of public passenger transport" means a
                    road bus, ferry, railway train, or anything else prescribed
                    by the regulations to be a prescribed means of public
                    passenger transport;
5               "public" includes any section of the public;
                "public passenger transport service" means a service of
                    transporting members of the public by a prescribed means
                    of public passenger transport --
                     (a) either --
10                           (i) over a fixed area or on a fixed route;
                            (ii) at fixed fares or free of charge; and
                           (iii) with fixed timetables;
                          or
                     (b) in any other circumstances prescribed by the
15                        regulations,
                    except that it does not include a service that the regulations
                    expressly exclude from being a public passenger transport
                    service for the purposes of this Act;
                "security officer" has the meaning given to that term in
20                  section 56(2);
                "train" has the meaning given to that term in the Rail Safety
                    Act 1998 section 3(1);
                "Treasurer" means the Treasurer of the State.

     4.         Relationship with other laws
25        (1)   If anything in this Act or regulations made under it is
                inconsistent with anything in --
                  (a) the Rail Safety Act 1998 or subsidiary legislation made
                        under it; or
                  (b) the Railways (Access) Act 1998 or subsidiary legislation
30                      made under it,
                the legislation described in paragraph (a) or (b) prevails.


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Public Transport Authority Bill 2003
Part 1         Preliminary

s. 4



   (2)   The powers given by this Act to a member of the Police Force
         are in addition to, and do not limit, the powers that a member of
         the Police Force would have if this Act had not been enacted.




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                                               Public Transport Authority Bill 2003
                     Public Transport Authority of Western Australia         Part 2

                                                                               s. 5



                 Part 2 -- Public Transport Authority of
                           Western Australia
     5.         Authority established
          (1)   A body called the Public Transport Authority of Western
5               Australia is established.
          (2)   The Authority is a body corporate with perpetual succession.
          (3)   Proceedings may be taken by or against the Authority in its
                corporate name.

     6.         Status
10              The Authority is an agent of the State and has the status,
                immunities, and privileges of the State.

     7.         Management
          (1)   The Authority is to be governed by its chief executive officer.
          (2)   The chief executive officer, in the name of the Authority, is to
15              perform the functions of the Authority under this Act or any
                other written law.




                                                                             page 5
     Public Transport Authority Bill 2003
     Part 3         Staff and contractors

     s. 8



                        Part 3 -- Staff and contractors
     8.          Authority to be an SES organisation
                 The Authority is to be an SES organisation under the Public
                 Sector Management Act 1994.

5    9.          Chief executive officer
           (1)   The chief executive officer of the Authority cannot be excluded
                 from the Senior Executive Service under the Public Sector
                 Management Act 1994 section 43(3).
           (2)   The chief executive officer is responsible for, and has the
10               necessary powers to administer, the day to day operations of the
                 Authority.

     10.         Other staff and contractors
           (1)   The Authority may employ staff.
           (2)   This section does not detract from the power that the Public
15               Sector Management Act 1994 section 100 gives the Authority to
                 engage a person under a contract for services or appoint a
                 person on a casual employment basis.
           (3)   The Authority may, by arrangement on such terms as are agreed
                 with the relevant parties, make use of the services of a person
20               employed by another person.

     11.         Use of government staff and facilities
           (1)   The Authority may by arrangement with the relevant employer
                 make use, either full-time or part-time, of the services of any
                 officer or employee --
25                 (a) in the Public Service;
                   (b) in a State agency; or
                   (c) otherwise in the service of the State.



     page 6
                                       Public Transport Authority Bill 2003
                                       Staff and contractors         Part 3

                                                                      s. 11



    (2)   The Authority may by arrangement with --
           (a) a department of the Public Service; or
           (b) a State agency,
          make use of any facilities of the department or agency.
5   (3)   An arrangement under subsection (1) or (2) is to be made on
          terms agreed to by the parties.




                                                                    page 7
     Public Transport Authority Bill 2003
     Part 4         Functions of the Authority

     s. 12



                     Part 4 -- Functions of the Authority
     12.         Functions
           (1)   The main function that this Act gives the Authority is to provide
                 and operate safe and reliable public passenger transport
5                services, either directly or through persons with whom it
                 contracts.
           (2)   This Act does not prevent --
                  (a) the provision of public passenger transport services
                        other than by the Authority or persons with whom it
10                      contracts; or
                  (b) the Authority from performing functions under other
                        Acts that do not relate to, or are not limited to, public
                        passenger transport services.
                 Note: The Authority also has functions under other Acts. For example, the
15               Rail Freight System Act 2000 gives it functions associated with the rail freight
                 network.

           (3)   A secondary function of the Authority is to earn revenue by
                 engaging in commercial activities that are not inconsistent with,
                 and do not have an adverse effect on, the performance of its
20               other functions under this or any other Act and are --
                   (a) connected with the performance of the Authority's
                         functions under this or any other Act; or
                   (b) authorised by the regulations.
     13.         Powers generally
25         (1)   The Authority has all the powers it needs to perform its
                 functions under this Act or any other Act.
           (2)   The Authority may, for the purpose of performing any of its
                 functions under this Act or any other Act, but subject to any
                 limitation imposed by any Act --
30                 (a) acquire, construct, add to, alter, improve, hold, maintain,
                         manage, develop, or dispose of, real or personal
                         property;

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                                         Public Transport Authority Bill 2003
                                     Functions of the Authority        Part 4

                                                                         s. 13



            (b)    enter into any contract or arrangement, including a
                   contract or arrangement with any person for the
                   performance of the function by that person on behalf of
                   the Authority;
5           (c)    act as an agent or provide consultancy, professional, or
                   technical services or other assistance under a contract
                   for services or other arrangement;
            (d)    participate, with the Minister's approval, in any business
                   concern and, with the Treasurer's approval, acquire,
10                 hold, and dispose of, shares, units, or other interests in,
                   or relating to, a business concern;
            (e)    carry out any investigation, survey, exploration,
                   feasibility study, evaluation, or review;
             (f)   collaborate in, carry out, or procure the carrying out of,
15                 research and publish information that results from the
                   research;
            (g)    produce and deal in any equipment, facilities or system
                   associated with, the performance of the function;
            (h)    develop and turn to account any technology, software or
20                 other intellectual property that relates to the function
                   and, for that purpose, apply for, hold, exploit and
                   dispose of any patent, patent rights, copyright or similar
                   rights; and
             (i)   promote and market the Authority and its activities.
25   (3)   Subsection (2) does not limit subsection (1) or any of the
           Authority's other powers.
     (4)   The Authority may --
            (a) make any gift for a charitable purpose or any other
                 purpose of benefit to the community or a section of the
30               community;
            (b) make any ex gratia payment that it considers to be in the
                 Authority's interest;



                                                                        page 9
     Public Transport Authority Bill 2003
     Part 4         Functions of the Authority

     s. 14



                  (c)   accept any gift or other payment if it is absolute, or
                        subject to conditions that it would be able to satisfy.
           (5)   In this section --
                 "acquire" includes taking --
5                     (a) by way of a lease, licence, easement, or bailment; or
                      (b) in any other manner in which an interest in property
                             may be acquired;
                 "business concern" means a company, a partnership, a trust, a
                      joint venture, or any other business arrangement;
10               "dispose of " includes dispose of --
                      (a) by way of a lease, licence, easement, or bailment; or
                      (b) in any other manner in which an interest in property
                             may be disposed of;
                 "participate in" includes form, promote, establish, enter into,
15                    manage, dissolve, wind up, and do things incidental to
                      participating in, a business concern.

     14.         Use of certain Crown land by Authority
                 If the Authority has the care, control, and management of any
                 Crown land --
20                 (a) the purpose for which the Authority has the care,
                         control, and management of the land is extended to
                         include the purposes of section 12(3) unless, by an order
                         under the Land Administration Act 1997 section 46, the
                         Minister referred to in that section expressly excludes
25                       the operation of this paragraph; and
                   (b) this Act does not authorise the Authority to do anything
                         that would be inconsistent with the purpose for which
                         the Authority has the care, control, and management of
                         the land.




     page 10
                                               Public Transport Authority Bill 2003
                                           Functions of the Authority        Part 4

                                                                                s. 15



     15.         Dealing with certain Crown land
           (1)   The Authority may, in the name and on behalf of the State,
                 grant a lease, licence, or easement in respect of any Crown land
                 of which it has the care, control, and management, except to the
5                extent that it would be inconsistent with subsection (3), (4), (5),
                 or (6), the Government Railways Act 1904, or anything in a
                 relevant instrument, to do so.
           (2)   In subsection (1) --
                 "relevant instrument" means an instrument giving the
10                    Authority the care, control, and management of the land.
           (3)   The Authority must obtain the Minister's written approval
                 before it grants a lease, licence, or easement under
                 subsection (1) unless the lease, licence, or easement meets
                 criteria prescribed by the regulations.
15         (4)   Before granting a lease, licence, or easement under
                 subsection (1) in respect of any Crown land that is in the
                 DBNGP corridor (as defined in the Dampier to Bunbury
                 Pipeline Act 1997 Part 4), or anything on that land, the
                 Authority must obtain the written approval of the DBNGP Land
20               Access Minister (as defined in that Part).
           (5)   The grant of a lease, licence, or easement in respect of Crown
                 land under subsection (1), or anything on that land, is on the
                 conditions that --
                   (a) the land or thing is not to be used in a way that is
25                       inconsistent with anything that is on, or is being done
                         on, corridor land as defined in the Rail Freight System
                         Act 2000 in accordance with rights conferred under
                         Part 3 of that Act; and
                   (b) except as may be permitted by regulations under this
30                       Act, the land or thing is not to be used in a way or to an
                         extent that could reasonably be expected to materially
                         interfere with the exercise in the future of rights that



                                                                            page 11
     Public Transport Authority Bill 2003
     Part 4         Functions of the Authority

     s. 16



                         have been, or might in the future be, conferred under
                         Part 3 of that Act.
           (6)   The period for which a lease or licence is granted under
                 subsection (1) cannot exceed 50 years.
5          (7)   For the purposes of this section and any prescribed criteria, the
                 period for which a lease or licence is granted includes any
                 period for which it is renewable under an option to renew.
           (8)   Nothing in a provision of this Act that is not in this section
                 authorises the Authority to dispose of an estate or interest in any
10               Crown land of which it has the care, control, and management.

     16.         Restriction on certain dealings in other land
                 The Authority cannot dispose of any estate in land other than
                 Crown land without the Minister's written approval unless the
                 regulations permit the disposal.

15   17.         Authority may operate on corridor land under the Rail
                 Freight System Act 2000
                 The Authority may, for the purpose of performing any of its
                 functions under this Act, the Government Railways Act 1904, or
                 the Public Works Act 1902, use any land that is corridor land
20               under the Rail Freight System Act 2000, or any facility on
                 corridor land, by agreement with any other person, if any,
                 having the management and control of the use of the land or
                 facility.

     18.         Use of names for Authority and its operations
25               The Authority may use and operate under one or more trading
                 names allowed by the Minister, being --
                   (a) an abbreviation or adaptation of the name given by
                        section 5(1); or
                   (b) any other name.



     page 12
                                              Public Transport Authority Bill 2003
                                          Functions of the Authority        Part 4

                                                                              s. 19



     19.         Delegation by Authority
           (1)   The Authority may delegate to a person a power or duty of the
                 Authority under another provision of this Act or under any other
                 Act except the Public Works Act 1902 or the Rail Freight
5                System Act 2000.
           (2)   The delegation must be in writing executed by the Authority.
           (3)   If a person is not employed by the Authority, a power or duty
                 can only be delegated to the person under this section if the
                 person has been approved for the purposes of this section by the
10               Minister.
           (4)   An approval under subsection (3) may be given in respect of --
                  (a) a specified person or persons of a specified class; or
                  (b) the holder or holders for the time being of a specified
                        office or class of office.
15         (5)   A person to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.
           (6)   A person exercising or performing a power or duty that has been
                 delegated to the person under this section is to be taken to do so
                 in accordance with the terms of the delegation unless the
20               contrary is shown.
           (7)   Nothing in this section limits the ability of the Authority to
                 perform a function through a member of its staff or an agent.




                                                                           page 13
     Public Transport Authority Bill 2003
     Part 5         Accountability and financial provisions
     Division 1     Accountability
     s. 20



            Part 5 -- Accountability and financial provisions
                            Division 1 -- Accountability
     20.         Draft operational plan to be submitted to Minister
           (1)   In each financial year the Authority is to prepare, and submit to
5                the Minister for approval, a draft operational plan.
           (2)   The draft operational plan is to be submitted not later than
                 2 months before the start of the next financial year (called the
                 "relevant financial year" in this section and sections 21
                 and 22).
10         (3)   When the Minister approves of a draft operational plan it
                 becomes the Authority's operational plan for the relevant
                 financial year but the Minister must have the Treasurer's
                 concurrence before approving a draft operational plan.
           (4)   If a draft operational plan has not been approved by the Minister
15               before the start of the relevant financial year, the latest draft
                 plan is to be the operational plan for the Authority until a draft
                 operational plan is approved by the Minister.
           (5)   In subsection (4) --
                 "latest draft plan" means the draft operational plan submitted,
20                    or last submitted, by the Authority to the Minister before
                      the start of the relevant financial year with any
                      modifications made by the Authority, whether before or
                      after that time, at the direction of the Minister.

     21.         Content of operational plan
25         (1)   An operational plan is to --
                  (a) give an outline of the Authority's objectives;
                  (b) specify business and service performance targets and
                       other measures by which to judge performance in
                       relation to objectives for the relevant financial year;
30                (c) address allocation of resources;

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                                                       Accountability    Division 1
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                  (d)    give an outline of the nature and scope of the functions
                         to be performed during the relevant financial year;
                   (e)   give an estimate of income and expenditure and source
                         of funding during the relevant financial year; and
5                  (f)   address any other matters that the Minister directs the
                         Authority to address in the operational plan.
           (2)   Matters to be considered by the Authority in preparing an
                 operational plan include initiatives to improve consumer
                 outcomes.
10         (3)   An operational plan is to cover the relevant financial year and is
                 to deal with the Authority's functions under this or any other
                 Act.

     22.         Minister's powers in relation to draft operational plan
           (1)   The Minister may return a draft operational plan to the
15               Authority and request it to consider or further consider any
                 matter and deal with it in the draft plan.
           (2)   The Authority is to comply with a request under subsection (1)
                 as soon as is practicable.
           (3)   If --
20                 (a)   the Minister has returned a draft operational plan to the
                         Authority requesting it to consider, or further consider,
                         any matter and deal with it; and
                  (b)    less than one month remains before the start of the
                         relevant financial year and the Minister has not
25                       approved a draft operational plan, the Minister may, by
                         written notice, direct the Authority to make specified
                         modifications to the draft plan.
           (4)   The Authority is to comply with a direction under subsection (3)
                 as soon as is practicable.




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     23.         Modifications of operational plan
           (1)   An operational plan may be modified by the Authority with the
                 approval of the Minister.
           (2)   The Minister cannot approve a modification of an operational
5                plan without the Treasurer's concurrence if the modification
                 could result in financial costs, or increased financial costs, to the
                 State.

     24.         Duty to observe operational plan
                 The Authority is to perform its functions in accordance with its
10               operational plan as existing from time to time.

     25.         Consultation
           (1)   The Authority and the Minister, at the request of either, are to
                 consult together, either directly or through appropriate
                 representatives, in relation to any aspect of the Authority's
15               operations.
           (2)   The Authority must consult the Minister before it enters upon a
                 course of action that in its opinion --
                   (a) amounts to a major initiative; or
                   (b) is likely to be of significant public interest.
20         (3)   If the Minister responsible for the administration of this Act is
                 not the Minister responsible for the administration of each other
                 Act under which the Authority has functions, before approving
                 a draft operational plan or a modification of an operational plan
                 for the Authority the Minister is to consult with each other
25               Minister who is responsible for the administration of any of
                 those other Acts.

     26.         Minister to be kept informed
                 The Authority must --
                  (a) keep the Minister reasonably informed of the operations,
30                     financial performance, and financial position of the

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                                                       Accountability    Division 1
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                         Authority, including the assets and liabilities, profits and
                         losses, and prospects of the Authority;
                  (b)    give the Minister reports and information that the
                         Minister requires for the making of informed
5                        assessments of matters referred to in paragraph (a); and
                   (c)   if matters arise that in the Authority's opinion may
                         prevent, or significantly affect, achievement of the
                         Authority's objectives and targets outlined in its
                         operational plan, promptly inform the Minister of the
10                       matters and its opinion in relation to them.

     27.         Minister may give directions
           (1)   The Minister may give written directions to the Authority with
                 respect to the performance of its functions under this or any
                 other Act, either generally or in relation to a particular matter,
15               and the Authority is to give effect to any such direction.
           (2)   The Minister shall cause a copy of a direction under
                 subsection (1) to be laid before both Houses of Parliament
                 within 9 sitting days of the direction being given.
           (3)   The text of a direction under subsection (1) is to be included in
20               the annual report submitted by the accountable authority of the
                 Authority under the Financial Administration and Audit
                 Act 1985 section 66.

     28.         Minister to have access to information
           (1)   The Minister is entitled --
25                (a) to have information in the possession of the Authority;
                       and
                  (b) if the information is in or on a document, to have, and
                       make and retain copies of, that document.
           (2)   For the purposes of subsection (1) the Minister may --
30                 (a)   request the Authority to furnish information to the
                         Minister;


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                  (b)    request the Authority to give the Minister access to
                         information;
                   (c)   for the purposes of paragraph (b) make use of the staff
                         of the Authority to obtain the information and furnish it
5                        to the Minister.
           (3)   The Authority has to comply with a request under subsection (2)
                 and make staff and facilities available to the Minister for
                 obtaining information under subsection (2)(c).
           (4)   In this section --
10               "document" includes any tape, disk or other device or medium
                      on which information is recorded or stored mechanically,
                      photographically, electronically or otherwise;
                 "information" means information specified, or of a description
                      specified, by the Minister that relates to the functions of the
15                    Authority under this or any other Act.

     29.         Deletion of commercially sensitive matters
           (1)   The Authority may request the Minister to delete from --
                  (a) a copy of a report under the Financial Administration
                       and Audit Act 1985 (and any accompanying document)
20                     that is to be laid before a House of Parliament or made
                       public; or
                  (b) any other document of the Authority that is to be, or
                       might be, made public,
                 a matter that is of a commercially sensitive nature, and the
25               Minister may, despite the Financial Administration and Audit
                 Act 1985 section 69 or an obligation, however arising, to make
                 the document public, comply with the request except where
                 under paragraph (b) the document is to be laid before either
                 House of Parliament by its own order.




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                                                Financial provisions    Division 2
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           (2)   A copy of a document from which any matter has been deleted
                 under subsection (1) must --
                   (a) contain a statement, at the place in the document where
                        the matter was deleted, detailing the reasons for the
5                       deletion; and
                   (b) be accompanied by an opinion from the Auditor General
                        stating that the information deleted is commercially
                        sensitive.

     30.         Protection for disclosure or compliance with directions
10               The Authority or a person performing functions under this Act
                 or any other Act under which the Authority has functions is not
                 liable --
                    (a) in respect of any claim arising as a consequence of the
                         disclosure of information or documents under this Act;
15                       or
                   (b) for the fact of having done or omitted a thing that is
                         required to be done or omitted by a direction given
                         under this Act.

                         Division 2 -- Financial provisions
20   31.         Authority's funds
                 The funds available for enabling the Authority to perform its
                 functions under this or any other Act consist of --
                   (a) money borrowed by the Authority under section 33; and
                   (b) other money lawfully received by, made available to, or
25                      payable to, the Authority under this or any other Act.

     32.         Public Transport Authority Account
                 Money received by the Authority is to be credited to, and
                 money paid by the Authority is to be debited to, an account
                 called the "Public Transport Authority Account" held --
30                 (a) as part of the Trust Fund constituted under the Financial
                         Administration and Audit Act 1985 section 9; or

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     Part 5         Accountability and financial provisions
     Division 2     Financial provisions
     s. 33



                  (b)   with the approval of the Treasurer, at a bank as defined
                        in the Financial Administration and Audit Act 1985
                        section 3(1).

     33.         Borrowing
5          (1)   The Authority may, with the prior approval of the Treasurer --
                  (a) borrow or re-borrow money;
                  (b) obtain credit; or
                  (c) otherwise arrange for financial accommodation to be
                       extended to the Authority.
10         (2)   The Authority is to keep any register that the regulations require
                 for the purposes of this section.

     34.         Guarantees
           (1)   The Treasurer, on the Minister's recommendation, may, in the
                 name and on behalf of the State, guarantee the performance by
15               the Authority, in the State or elsewhere, of any financial
                 obligation of the Authority.
           (2)   A guarantee is to be in the form, and subject to the terms and
                 conditions, determined by the Treasurer.
           (3)   The due payment of money payable by the Treasurer under a
20               guarantee is to be charged to the Consolidated Fund, which this
                 subsection appropriates accordingly.
           (4)   The Treasurer is to cause any amounts received or recovered,
                 from the Authority or otherwise, in respect of any payment
                 made by the Treasurer under a guarantee to be credited to the
25               Consolidated Fund.

     35.         Charges for guarantee
           (1)   The Treasurer may, after consultation with the Authority, fix
                 charges to be paid by the Authority to the Treasurer for the
                 benefit of the Consolidated Fund in respect of a guarantee given
30               under section 34.

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                               Accountability and financial provisions         Part 5
                          Financial Administration and Audit Act 1985     Division 3
                                                                                 s. 36



           (2)   Payments by the Authority to the Treasurer in respect of those
                 charges are required to be made at times, and in instalments, as
                 determined by the Treasurer.

     36.         The Authority may extend credit to customers or suppliers
5          (1)   The Authority may provide credit to customers or suppliers in
                 the normal course of business.
           (2)   The credit may be secured as the Authority considers
                 appropriate or unsecured.

     37.         Notice of financial difficulty
10         (1)   The Authority must notify the Minister in the manner prescribed
                 if it forms the opinion that the Authority is unable to, or will be
                 unlikely to be able to, satisfy any of its financial obligations
                 from the financial resources available or likely to be available to
                 it at the time the financial obligation is due.
15         (2)   Within 7 days of receipt of the notice, the Minister must --
                  (a) confer with the Treasurer and the Authority for the
                        purpose of determining what action is required to ensure
                        that the Authority is able to satisfy the relevant financial
                        obligation when it is due; and
20                (b) initiate such action as is required to ensure that the
                        Authority is able to satisfy the relevant financial
                        obligation when it is due.
           (3)   For the purposes of subsection (2) the Minister may give the
                 Authority a direction under section 27 requiring the Authority to
25               cease or limit the performance of any function.

           Division 3 -- Financial Administration and Audit Act 1985
     38.         Application of Financial Administration and Audit Act 1985
                 The provisions of the Financial Administration and Audit
                 Act 1985 regulating the financial administration, audit and
30               reporting of statutory authorities apply to and in respect of the
                 Authority and its operations.

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     Public Transport Authority Bill 2003
     Part 6         Miscellaneous
     Division 1     Protection of people dealing with Authority
     s. 39



                             Part 6 -- Miscellaneous
           Division 1 -- Protection of people dealing with Authority
     39.         People dealing with Authority may make assumptions
           (1)   A person having dealings with the Authority is entitled to make
5                the assumptions described in section 41.
           (2)   In any proceedings in relation to the dealings, any assertion by
                 the Authority that the matters that the person is entitled to
                 assume were not correct must be disregarded.
     40.         Third parties may make assumptions
10         (1)   A person (the "third party") having dealings with a person (the
                 "new owner") who has acquired, or purports to have acquired,
                 title to property from the Authority (whether directly or
                 indirectly) is entitled to make the assumptions described in
                 section 41.
15         (2)   In any proceedings in relation to the dealings, any assertion by
                 the Authority or the new owner that the matters that the third
                 party is entitled to assume were not correct must be disregarded.

     41.         Matters that can be assumed
                 The assumptions that a person is, because of section 39 or 40,
20               entitled to make are --
                   (a) that, at all relevant times, this Act has been complied
                         with;
                   (b) that a person who is held out by the Authority to be the
                         chief executive officer, another member of staff, or an
25                       agent of a particular kind --
                            (i) has been properly appointed; and
                           (ii) has authority to perform the functions
                                 customarily performed by the chief executive
                                 officer, another member of staff, or an agent of
30                               that kind, as the case may require;


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                           Protection of people dealing with Authority   Division 1
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                   (c)   that a member of staff or agent of the Authority who has
                         authority to issue a document on behalf of the Authority
                         has authority to warrant that the document is genuine;
                  (d)    that a member of staff or agent of the Authority who has
5                        authority to issue a certified copy of a document on
                         behalf of the Authority has authority to warrant that the
                         copy is a true copy;
                   (e)   that a document has been properly sealed by the
                         Authority if --
10                          (i) it bears what appears to be an imprint of the
                                 Authority's common seal; and
                           (ii) the sealing of the document appears to comply
                                 with section 51;
                         and
15                 (f)   that the Authority's chief executive officer, other
                         members of staff, and agents have properly performed
                         their duties to the Authority.

     42.         When those matters cannot be assumed
           (1)   Despite sections 39 and 40, a person is not entitled to assume a
20               matter described in section 41 if --
                  (a) the person has actual knowledge that the assumption
                         would be incorrect; or
                  (b) because of the person's connection or relationship with
                         the Authority, the person ought to know that the
25                       assumption would be incorrect.
           (2)   If, because of subsection (1), a person is not entitled to make a
                 particular assumption in relation to dealings with the Authority,
                 section 39(2) does not apply to any assertion by the Authority in
                 relation to the assumption.
30         (3)   If, because of subsection (1), a person is not entitled to make a
                 particular assumption in relation to an acquisition or purported
                 acquisition from the Authority of title to property, section 40(2)


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     Public Transport Authority Bill 2003
     Part 6         Miscellaneous
     Division 2     Infringement notices
     s. 43



                 does not apply to any assertion by the Authority or another
                 person in relation to the assumption.

                         Division 2 -- Infringement notices
     43.         Meaning of "prescribed" in this Division
5                In this Division --
                 "prescribed" means prescribed by regulations.

     44.         Giving of notice
           (1)   An authorised person or a member of the Police Force who has
                 reason to believe that a person has committed a prescribed
10               offence under this Act may, at or about the time the alleged
                 offence is believed to have been committed, give an
                 infringement notice to the alleged offender.
           (2)   An offence cannot be prescribed under this section if --
                  (a) it is punishable by imprisonment; or
15                (b) the maximum penalty that could be imposed for that
                        offence by a court would depend on any circumstance of
                        the commission of the offence.

     45.         Content of notice
           (1)   An infringement notice is to be in the prescribed form and is
20               to --
                   (a) contain a description of the alleged offence;
                   (b) advise that if the alleged offender does not wish to have
                         a complaint of the alleged offence heard and determined
                         by a court, the amount of money specified in the notice
25                       as being the modified penalty for the offence may be
                         paid to an authorised person within a period of 28 days
                         after the giving of the notice; and
                   (c) inform the alleged offender as to who are authorised
                         persons for the purposes of receiving payment of
30                       modified penalties.

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                                                Infringement notices    Division 2
                                                                               s. 46



           (2)   In an infringement notice the amount specified as being the
                 modified penalty for the offence referred to in the notice is to be
                 the amount that was the prescribed modified penalty at the time
                 the alleged offence is believed to have been committed.
5          (3)   The modified penalty that may be prescribed for an offence is
                 not to exceed 20% of the maximum penalty that could be
                 imposed for that offence by a court.

     46.         Extension of time
                 An authorised person may, in a particular case, extend the
10               period of 28 days within which the modified penalty may be
                 paid and the extension may be allowed whether or not the
                 period of 28 days has elapsed.

     47.         Withdrawal of notice
           (1)   An authorised person may, whether or not the modified penalty
15               has been paid, withdraw an infringement notice by sending to
                 the alleged offender a notice in the prescribed form stating that
                 the infringement notice has been withdrawn.
           (2)   If an infringement notice is withdrawn after the modified
                 penalty has been paid, the amount is to be refunded.

20   48.         Benefit of paying modified penalty
           (1)   Subsection (2) applies if the modified penalty specified in an
                 infringement notice has been paid within 28 days or such further
                 time as is allowed and the notice has not been withdrawn.
           (2)   If this subsection applies it prevents the bringing of proceedings
25               and the imposition of penalties to the same extent that they
                 would be prevented if the alleged offender had been convicted
                 by a court of, and punished for, the alleged offence.
           (3)   Payment of a modified penalty is not to be regarded as an
                 admission for the purposes of any proceedings, whether civil or
30               criminal.


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     Part 6         Miscellaneous
     Division 3     Other provisions
     s. 49



     49.         Application of penalties collected
                 An amount paid as a modified penalty is, subject to
                 section 47(2), to be dealt with as if it were a penalty imposed by
                 a court as a penalty for an offence.

5                          Division 3 -- Other provisions
     50.         Authority exempt from certain rates and taxes
           (1)   Subject to subsection (3), the Authority is not liable to pay any
                 local government rate or charge or water charge.
           (2)   In subsection (1) --
10               "water charge" means a charge made under the Water
                      Agencies (Powers) Act 1984 in respect of land relating to
                      the provision of water services, as defined in that Act,
                      except that it does not include a charge assessed by
                      reference to the quantity of water or wastewater concerned.
15         (3)   Subsection (1) does not apply to the liability to pay any rate or
                 charge in respect of land held under a lease or tenancy
                 agreement from the Authority.

     51.         Execution of documents by Authority
           (1)   The Authority is to have a common seal.
20         (2)   A document is duly executed by the Authority if --
                   (a)   the common seal of the Authority is affixed to it in
                         accordance with subsections (3) and (4); or
                  (b)    it is signed on behalf of the Authority by a person or
                         persons authorised to do so under subsection (5).
25         (3)   The common seal of the Authority is not to be affixed to any
                 document except as authorised by the Authority.
           (4)   The common seal of the Authority is to be affixed to a
                 document in the presence of the chief executive officer, who is



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                                                   Other provisions     Division 3
                                                                               s. 52



                 to sign the document to attest that the common seal was so
                 affixed.
           (5)   The Authority may, by writing under its common seal,
                 authorise --
5                  (a) the chief executive officer; or
                   (b) any other member or members of staff,
                 to sign documents on behalf of the Authority, either generally or
                 subject to conditions or restrictions specified in the
                 authorisation.
10         (6)   A document purporting to be executed in accordance with this
                 section is to be presumed to be duly executed unless the
                 contrary is shown.
           (7)   When a document is produced bearing a seal purporting to be
                 the common seal of the Authority, it is to be presumed that the
15               seal is the common seal of the Authority unless the contrary is
                 shown.

     52.         Contract formalities
           (1)   In so far as the formalities of making, varying or discharging a
                 contract are concerned, a person acting as authorised by the
20               Authority may make, vary or discharge a contract in the name
                 of or on behalf of the Authority in the same manner as if that
                 contract were made, varied or discharged by a natural person.
           (2)   The making, variation, or discharge of a contract in accordance
                 with subsection (1) is effectual in law and binds the Authority
25               and other parties to the contract.
           (3)   Subsection (1) does not prevent the Authority from making,
                 varying or discharging a contract under its common seal.




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     s. 53



     53.         Assignment of benefit of contract
           (1)   A party to a contract with the Authority cannot assign any right
                 or other benefit under the contract unless the Authority consents
                 to the assignment.
5          (2)   A purported assignment contrary to subsection (1) is void.
           (3)   The consent may be withheld until --
                  (a) any proposed assignee enters into an acceptable contract
                        with the Authority or a person specified by the
                        Authority; or
10                (b) a person specified by the Authority enters into an
                        acceptable contract with the Authority in connection
                        with the assignment.
           (4)   In subsection (3) --
                 "acceptable contract" means a contract containing any terms
15                    and conditions with respect to the proposed assignment and
                      the proposed assignee that the Authority insists on having
                      in the contract.

     54.         Protection from liability for wrongdoing
           (1)   An action in tort does not lie against a person other than the
20               Authority for anything that the person has done, in good faith, in
                 the performance or purported performance of a function under
                 this or any other Act.
           (2)   The protection given by subsection (1) applies even though the
                 thing done as described in that subsection may have been
25               capable of being done whether or not this Act had been enacted.
           (3)   Despite subsection (1), neither the Authority nor the State is
                 relieved of any liability that it might have for another person
                 having done anything as described in that subsection.
           (4)   In this section, a reference to the doing of anything includes a
30               reference to an omission to do anything.


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                                                   Other provisions     Division 3
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     55.         Exchange of information
           (1)   A person who has, or has access to, information obtained in the
                 course of the administration of this Act may disclose that
                 information to --
5                  (a) a person who is a member of the Police Force; or
                   (b) a person employed in the department of the Public
                        Service principally assisting in the administration of the
                        Police Act 1892,
                 for the purposes of the performance of an official function.
10         (2)   Without limiting other ways in which a disclosure may be made,
                 information may be disclosed under subsection (1) by adding
                 the information directly into a database that is accessible only to
                 persons to whom the information may be disclosed in
                 accordance with this Act.
15         (3)   A person who is an authorised person or a security officer may,
                 in order to obtain information to facilitate the performance of
                 the person's functions in that capacity under this Act, request --
                   (a) a person who is a member of the Police Force; or
                   (b) a person employed in the department of the Public
20                       Service principally assisting in the administration of the
                         Police Act 1892,
                 (the "person requested") to disclose to the person making the
                 request any information of a kind described in the request that
                 the person requested has, or has access to, in an official
25               capacity.
           (4)   Information the disclosure of which is requested under
                 subsection (3) may be, but is not required to be, disclosed in
                 accordance with the request.
           (5)   This section does not authorise a person who is not an
30               employing authority to --
                  (a) disclose information, whether under subsection (1) or in
                         response to a request under subsection (3); or


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     Part 6         Miscellaneous
     Division 3     Other provisions
     s. 55



                (b)    under subsection (3), request the disclosure of
                       information,
               except with the approval of the person's employing authority.
        (6)    An employing authority's approval under subsection (5) may
5              apply to a particular disclosure of specified information or may
               apply generally as specified in the approval.
        (7)    Instead of the relevant employing authorities respectively
               approving of a person making a request under subsection (3) for
               the disclosure of information and approving of the disclosure of
10             information in response to a request under that subsection, the
               employing authorities may approve of the disclosure of
               information to a person who could make the request by giving
               the person access, through a computer database or other
               collection of information, to information of the kind that could
15             be requested.
        (8)    The authority given by this section to disclose, or to approve the
               disclosure of, information applies even though the disclosure
               may be contrary to any duty of confidentiality imposed by law
               or otherwise arising and whether or not the duty of
20             confidentiality arose before this section commenced but,
               without limiting the authority given by this section to disclose
               information, a person to whom confidential information is
               disclosed under this section is bound by the same duty of
               confidentiality as applied to the person making the disclosure.
25      (9)    A person making or approving a disclosure under this section
               incurs no civil or criminal liability as a result of doing so, and is
               not to be regarded for any purpose as being in breach of the duty
               of confidentiality because of the disclosure.
       (10)    In this section --
30             "employing authority" has the meaning given to that term in
                  the Public Sector Management Act 1994 section 5 except
                  that, for the purposes of this section, the Commissioner of



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                                                    Other provisions     Division 3
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                      Police is to be regarded as the employing authority of a
                      member of the Police Force.

     56.         Authorised persons and security officers
           (1)   The chief executive officer may, in writing, designate a person
5                to be an authorised person for the purposes of provisions of this
                 Act specified in the instrument of designation, but a person who
                 is authorised to give infringement notices under section 44 is
                 not eligible to be an authorised person for the purposes of
                 section 45, 46, or 47.
10         (2)   The chief executive officer may, in writing, designate a person
                 employed by the Authority to be a security officer for the
                 purposes of this Act.
           (3)   In subsection (2) --
                 "person employed by the Authority" does not include a
15                    person referred to in section 10(2) or (3).
           (4)   A person cannot be a security officer unless the chief executive
                 officer is satisfied that the person is suitably trained to perform
                 the functions that this Act gives to a security officer.
           (5)   A person can, at the same time, be a security officer and an
20               authorised person.
           (6)   The chief executive officer is to issue to each authorised person
                 and to each security officer a certificate of that person's
                 designation, and the authorised person or security officer is to
                 produce the certificate if required to do so by a person in respect
25               of whom a power has been or is about to be exercised.

     57.         Obtaining details of certain offenders
           (1)   A person who is a security officer or an authorised person may
                 investigate --
                   (a) an offence against this Act; or




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     s. 58



                  (b)    an offence referred to in section 58(2) committed in the
                         circumstances described in that provision,
                 and that person's office is prescribed for the purposes of the
                 Criminal Investigation (Identifying People) Act 2002 and in
5                particular the definition of "public officer" in section 3 of that
                 Act.
           (2)   The person may exercise powers under the Criminal
                 Investigation (Identifying People) Act 2002 Part 3 but only in
                 relation to a person's personal details as defined in
10               subsection (3).
           (3)   In subsection (2) --
                 "personal details" means --
                     (a) the person's full name;
                     (b) the person's date of birth;
15                   (c) the address of where the person is living;
                     (d) the address of where the person usually lives.

     58.         Offenders may be taken into custody in some circumstances
           (1)   If this subsection applies because of subsection (2) and it
                 appears to a security officer or a member of the Police Force
20               that the offence referred to in that subsection would be likely to
                 continue or be repeated if the offender is not apprehended, the
                 security officer or member of the Police Force may, without
                 warrant other than this subsection, take the offender into
                 custody and take the offender to a police station or other place
25               for the offender to be dealt with for the offence according to
                 law.
           (2)   Subsection (1) applies if --
                  (a) an offence under the Police Act 1892 section 54 is
                        committed in or on Authority property;




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                                                   Other provisions     Division 3
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                  (b)    an offence under the Police Act 1892 section 66(13) is
                         committed in respect of premises that are Authority
                         property; or
                   (c)   an offence under the Police Act 1892 section 80(1) is
5                        committed in respect of Authority property.
           (3)   If a person continues or repeats any act or omission that is an
                 offence under this Act after having been warned by a security
                 officer or a member of the Police Force that to do so may result
                 in the person being taken into custody for the offence, the
10               security officer or member of the Police Force may, without
                 warrant other than this section, take the offender into custody
                 and take the offender to a police station or other place for the
                 offender to be dealt with for the offence according to law.

     59.         Security officer may help execute certain warrants
15         (1)   If a court issues a warrant directing that a person be brought
                 before a court or committed to imprisonment or other custody, a
                 security officer may, if the person is in or on Authority property,
                 take the person into custody and deliver the person into the
                 custody of a member of the Police Force to be dealt with under
20               the warrant.
           (2)   Subsection (1) applies despite the warrant not being directed to
                 the security officer or a class of persons that includes the
                 security officer.

     60.         Searching persons taken into custody
25         (1)   The purpose of this section is to enable a security officer to
                 remove from the possession of a person taken into custody
                 under section 58 or 59 anything that could cause harm to that
                 person or any other person (a "dangerous article").
           (2)   A security officer who takes a person into custody under
30               section 58 or 59 may search the person and take any dangerous
                 article found on the person, using any force that is reasonably
                 necessary.


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     Public Transport Authority Bill 2003
     Part 6         Miscellaneous
     Division 3     Other provisions
     s. 61



     61.         Search without warrant
                 A security officer or member of the Police Force may without a
                 warrant stop, detain, and search anyone whom the security
                 officer or member of the Police Force suspects on reasonable
5                grounds to be in possession of anything contrary to regulations
                 under section 69(3).

     62.         Provisions about searching a person
           (1)   A security officer or member of the Police Force cannot carry
                 out a search of a person under this Act unless of the same sex as
10               the person searched.
           (2)   If a security officer or member of the Police Force of the same
                 sex as the person to be searched is not immediately available to
                 carry out the search, a security officer or member of the Police
                 Force may --
15                 (a) cause the search to be carried out, under the direction of
                         a security officer or member of the Police Force, by
                         another person of the same sex as the person to be
                         searched;
                   (b) detain the person for as long as is reasonably necessary
20                       for the person to be searched in accordance with this
                         section; or
                   (c) convey or conduct the person to a place where the
                         person can be searched in accordance with this section.
           (3)   Nothing in this Act authorises a search by way of an
25               examination of a person's body cavities.
           (4)   A security officer or member of the Police Force may use any
                 force that is reasonably necessary, and may call on any
                 assistance necessary, in order to perform a function under this
                 section.




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                                                   Other provisions     Division 3
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     63.         Seizure of property
           (1)   A security officer or member of the Police Force may seize
                 from a person anything that is in the person's possession
                 contrary to regulations under section 69(3).
5          (2)   A security officer or member of the Police Force who seizes
                 anything under this section must record the fact and must record
                 how the thing is dealt with.
           (3)   Anything that is seized under this section and is not required to
                 be kept for the purposes of dealing with an offence is to be
10               released to its owner, any other person entitled to its possession,
                 or the person from whom it was seized.
           (4)   Subsection (3) does not prevent the thing that has been seized
                 from being seized, forfeited, or dealt with, under another written
                 law or under a legal process.

15   64.         Unclaimed property
           (1)   A justice may, on the application of the Authority, order that
                 unclaimed property that was seized is forfeited to the State.
           (2)   Unclaimed property that was not seized is forfeited to the State
                 at the end of the prescribed period after it came into the
20               possession of the Authority.
           (3)   The Authority may destroy, dispose of, or otherwise deal with,
                 forfeited property as it considers appropriate.
           (4)   If anything has been forfeited to the State under this section but
                 it has not been destroyed, disposed of, or otherwise dealt with in
25               a way that would be inconsistent with its return, the Authority
                 may return it to a person who would have been entitled to its
                 possession had it not been forfeited.
           (5)   In this section --
                 "prescribed period" means --
30                    (a) for perishable goods, a period of 24 hours;


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     Public Transport Authority Bill 2003
     Part 6         Miscellaneous
     Division 3     Other provisions
     s. 65



                     (b)  for anything other than perishable goods, a period of
                          30 days;
                 "unclaimed property" means anything that --
                     (a) has been seized, found, or otherwise come into the
5                         possession of the Authority; and
                     (b) cannot be released in accordance with section 63(3)
                          or otherwise returned to a person entitled to its
                          possession because a person to whom it could be
                          released or returned cannot be found after reasonable
10                        effort has been made.

     65.         Ejecting people from Authority property
           (1)   A security officer, an authorised person, or a member of the
                 Police Force may, in circumstances prescribed by the
                 regulations, direct a person who is in or on Authority property
15               to leave the Authority property.
           (2)   A person who fails to comply with a direction under
                 subsection (1) commits an offence.
                 Penalty: $1 000.
           (3)   A security officer, authorised person, or member of the Police
20               Force whose direction under this section has not been complied
                 with may warn the person to whom the direction was given that
                 the person may be physically removed if the person does not
                 comply with the direction.
           (4)   A security officer, authorised person, or member of the Police
25               Force may, using any force that is reasonably necessary, remove
                 from Authority property a person who has been warned under
                 subsection (3) but has still not complied with the direction.
           (5)   The chief executive officer cannot designate a person to be an
                 authorised person for the purposes of subsection (4) unless the
30               chief executive officer is satisfied that the person is suitably
                 trained to perform functions under that subsection.



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                                                   Other provisions     Division 3
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     66.         Prosecutions
           (1)   A complaint of an offence under this Act can only be made by a
                 member of the Police Force, a security officer, or an authorised
                 person.
5          (2)   A security officer may make a complaint of an offence for
                 which the security officer took the alleged offender into custody
                 under section 58(1).

     67.         Young offenders
                 A security officer or authorised person doing, or considering
10               doing, anything to which the Young Offenders Act 1994 would
                 apply were it to be done by a member of the Police Force is to
                 comply with the obligations imposed by that Act on a member
                 of the Police Force and, for that purpose, a reference in that Act
                 to a member of the Police Force includes a reference to a
15               security officer or an authorised person.

     68.         Proof of certain matters
                 In proceedings for an offence against this Act, an averment in
                 the complaint that at a particular time --
                   (a) a particular person was an authorised person for the
20                      purposes of particular provisions of the Act or was a
                        security officer; or
                   (b) a particular person who was using a public passenger
                        transport service had not paid the appropriate fare for
                        using the service,
25               is to be taken to have been proved in the absence of proof to the
                 contrary.




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     Public Transport Authority Bill 2003
     Part 6         Miscellaneous
     Division 3     Other provisions
     s. 69



     69.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to the
5                purposes of this Act.
           (2)   Without limiting subsection (1), regulations may be made --
                  (a) about the provision of public passenger transport
                       services by the Authority;
                  (b) about any place or thing involved in the provision of
10                     public passenger transport services by the Authority;
                  (c) about the setting of fares for the use of a public
                       passenger transport service provided by the Authority;
                  (d) regulating the conduct of a person who is --
                           (i) using a public passenger transport service
15                              provided by the Authority; or
                          (ii) in any place associated with the provision of a
                                public passenger transport service provided by
                                the Authority,
                       and otherwise regulating the use of a public passenger
20                     transport service provided by the Authority;
                  (e) for protecting --
                           (i) the safety and security of any person using a
                                public passenger transport service provided by
                                the Authority; or
25                        (ii) any property belonging to or under the control of
                                the Authority;
                   (f) prescribing matters for which fees or charges are
                       payable, and making provision as to the amount of any
                       fee or charge.
30         (3)   In addition, the Governor may make regulations necessary or
                 convenient to be prescribed, whether in relation to the
                 performance of the Authority's functions under this Act or any


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                                                   Other provisions     Division 3
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                 other Act, for regulating or prohibiting the possession of any
                 prescribed thing by a person who is on or in any vehicle,
                 premises, or other place belonging to or under the control of the
                 Authority.
5          (4)   The regulations cannot prohibit the possession of anything by a
                 person who is on or in any vehicle, premises, or other place
                 belonging to or under the control of the Authority unless the
                 possession of that thing could result in a nuisance to any person
                 or could endanger the safety of any person or any Authority
10               property.
           (5)   Regulations under this section may --
                  (a) provide that contravention of a regulation is an offence;
                  (b) prescribe, for an offence against the regulations, a
                        penalty not exceeding a fine of $2 000.

15   70.         Review of Act
           (1)   The Minister is to carry out a review of the operation and
                 effectiveness of this Act as soon as is practicable after every
                 fifth anniversary of the commencement of this section and in the
                 course of each review the Minister is to consider and have
20               regard to --
                    (a) the effectiveness of the operations of the Authority;
                   (b) the need for the continuation of the functions of the
                         Authority; and
                    (c) any other matters that appear to the Minister to be
25                       relevant to the operation and effectiveness of this Act.
           (2)   The Minister is to prepare a report based on the review and, as
                 soon as is practicable after the report is prepared (and in any
                 event not more than 12 months after the relevant anniversary),
                 cause it to be laid before each House of Parliament.




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     Division 1     Metropolitan passenger transport functions from Minister to
                    Authority
     s. 71


                      Part 7 -- Transitional matters
     Division 1 -- Metropolitan passenger transport functions from
                        Minister to Authority
     71.       Terms used in this Division
5              In this Division, unless the contrary intention appears --
               "asset" means property that --
                    (a) immediately before the transfer time, is held, either
                           by the Transport Co-ordination Ministerial Body in
                           its own right or by any other person on behalf of the
10                         State, for the purposes of the Transport
                           Co-ordination Act 1966 Part II Division 4; or
                    (b) arises before the transfer time in relation to the
                           administration of the Transport Co-ordination
                           Act 1966 Part II Division 4 and exists immediately
15                         before that time;
               "former holder" means the Transport Co-ordination
                    Ministerial Body or any other person immediately before
                    the transfer time --
                    (a) holding any asset; or
20                  (b) subject to any liability;
               "liability" means any liability, duty or obligation --
                    (a) whether actual, contingent or prospective, liquidated
                           or unliquidated; or
                    (b) whether owed alone or jointly or jointly and severally
25                         with any other person,
                    that arises before the transfer time in relation to the
                    administration of the Transport Co-ordination Act 1966
                    Part II Division 4 and exists immediately before that time;




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                                                  Transitional matters        Part 7
           Metropolitan passenger transport functions from Minister to   Division 1
                                                             Authority
                                                                                s. 72


                 "property" means property of any kind whether tangible,
                     intangible, real, or personal and, without limiting that
                     meaning, includes --
                     (a) any chose in action or goodwill; or
5                    (b) any right, interest, or claim of any kind,
                     whether arising from, accruing under, created or evidenced
                     by or the subject of, an instrument or otherwise and
                     whether liquidated or unliquidated, actual, contingent or
                     prospective;
10               "right" means any right, power, privilege or immunity whether
                     actual, contingent or prospective;
                 "transfer time" means the time when section 195 comes into
                     operation;
                 "Transport Co-ordination Ministerial Body" means the
15                   Transport Co-ordination Ministerial Body established by
                     the Transport Co-ordination Act 1966 section 6.

     72.         Minister may make transfer order
           (1)   To facilitate the transition from the provisions of the Transport
                 Co-ordination Act 1966 Part II Division 4 to the provisions of
20               this Act, the Minister may make and publish in the Gazette an
                 order that --
                   (a) specifies any asset or liability that, by operation of
                         section 73, is to be assigned to the Authority;
                   (b) specifies proceedings relating to the administration of
25                       the Transport Co-ordination Act 1966 Part II Division 4
                         in which the Authority is, by operation of section 73, to
                         be substituted for a former holder as a party; and
                   (c) specifies any agreement or instrument relating to the
                         administration of the Transport Co-ordination Act 1966
30                       Part II Division 4 that, by operation of section 73, is to
                         have effect as if, unless otherwise expressly specified in
                         the order, references to the Authority were substituted
                         for references in it to a former holder.


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     Public Transport Authority Bill 2003
     Part 7         Transitional matters
     Division 1     Metropolitan passenger transport functions from Minister to
                    Authority
     s. 73


           (2)   The transfer order may specify things by reference to schedules
                 which --
                  (a) need not be published in the Gazette; but
                  (b) must be available for public inspection,
5                and anything specified in a schedule is to be taken to be
                 specified in the order.
           (3)   Anything may be specified in a transfer order by describing the
                 class to which it belongs.
           (4)   Before a transfer order is made specifying anything by reference
10               to a schedule, a copy of which will be required to be delivered
                 to a relevant official under section 75, the Minister is to consult
                 as to the form and content of the schedule with the relevant
                 official (or each relevant official if there is more than one).
           (5)   A transfer order can only be made before the transfer time.
15         (6)   The fact that a previous transfer order has been made does not
                 prevent a further transfer order from being made.
           (7)   The transfer order, or a schedule to which it refers, may be
                 amended by the Minister, by further order published in the
                 Gazette, but no such amendment may be made after the transfer
20               time.

     73.         Consequences of transfer order
                 If a transfer order is made then --
                   (a)   at the transfer time --
                            (i) every asset specified in the order is, by operation
25                                of this section, assigned to the Authority and if it
                                  was previously held on behalf of the State it is
                                  assigned to the Authority to hold in its own right;
                           (ii) every liability specified in the order is, by
                                  operation of this section, assigned to and
30                                becomes a liability of the Authority; and


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                                                Public Transport Authority Bill 2003
                                                  Transitional matters        Part 7
           Metropolitan passenger transport functions from Minister to   Division 1
                                                             Authority
                                                                                s. 74


                         (iii)   the Authority is, by operation of this section,
                                 substituted for a former holder as a party to any
                                 proceedings specified in the order;
                  (b)    any agreement or instrument specified in the order has
5                        effect, by operation of this section, as if, unless
                         otherwise expressly specified in the order, a reference to
                         the Authority were, at the transfer time, substituted for a
                         reference in the agreement or instrument to a former
                         holder;
10                 (c)   any proceedings or remedy that might have been
                         commenced by, or available against or to, a former
                         holder in relation to an asset or liability assigned by
                         paragraph (a) may be commenced by, or are available
                         against or to, the Authority; and
15                (d)    anything relating to an asset or liability assigned by
                         paragraph (a) that was done or omitted to be done by, to,
                         or in respect of, a former holder before the assignment
                         and is of any effect is to be taken to have been done or
                         omitted by, to, or in respect of, the Authority.

20   74.         Completion of necessary transactions
                 If, to any extent, section 73 cannot have effect as described in
                 this Division (whether because a matter is governed otherwise
                 than by the law of the State, or for any other reason), the
                 relevant parties are each to take all practicable steps for the
25               purpose of securing that the effect sought to be achieved by this
                 Division is achieved as soon as possible after the transfer time.

     75.         Registration of documents
           (1)   The Minister is to cause a copy of each transfer order and any
                 schedule to which it refers to be delivered to each relevant
30               official and the Authority.
           (2)   The relevant officials are to take notice of this Division and any
                 transfer order, including a schedule to which the order refers,
                 and are to record and register in the appropriate manner the

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     Public Transport Authority Bill 2003
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                    Authority
     s. 76


                 documents necessary to show the effect of the transfer order and
                 this Division.
           (3)   In this section --
                 "relevant official" means --
5                     (a) the Registrar of Titles;
                      (b) the Registrar of Deeds;
                      (c) the Minister administering the Mining Act 1978; or
                      (d) any other person authorised by a written law to
                             record and give effect to the registration of
10                           documents relating to property transactions,
                      according to which, if any, of them has responsibility for a
                      register relating to the relevant property;
                 "relevant property" means property of a kind affected by the
                      transfer order, whether it is an estate or interest in land or
15                    any other property.

     76.         Rectifying error in transfer order
           (1)   The Minister may, by order published in the Gazette, make any
                 provision that is necessary to correct any error in a transfer
                 order or a schedule to which a transfer order refers.
20         (2)   An order under this section may be made so as to have effect
                 from the transfer time.
           (3)   To the extent that a provision of an order under this section has
                 effect before the day of its publication in the Gazette, section 73
                 does not, as a result of that provision, operate so as --
25                 (a) to affect, in a manner prejudicial to any person (other
                         than the State, the Authority, or a Minister, officer or
                         agency of the State), the rights of that person existing
                         before the day of publication; or
                   (b) to impose liabilities on any person (other than the State,
30                       the Authority, or a Minister, officer or agency of the



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                                            Public Transport Authority Bill 2003
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      Transition from former Government Railways Act 1904 bodies     Division 2
                                                      to Authority
                                                                            s. 77


                      State), in respect of anything done or omitted to be done
                      before the day of publication.

     77.      Certain Crown land
              Crown land that, immediately before the transfer time, is under
5             the care, control, and management of the Minister administering
              the Transport Co-ordination Act 1966 Part II Division 4 or any
              other person for the purposes of that Division is to be regarded
              as if it had, at that time --
                (a) been reserved under the Land Administration Act 1997
10                      section 41 for the purposes of performing the
                        Authority's functions under this Act or the Government
                        Railways Act 1904; and
                (b) under section 46 of that Act, been placed under the care,
                        control, and management of the Authority for those
15                      purposes.

     78.      Metropolitan Passenger Transport Fund
              The balance of the Metropolitan Passenger Transport Fund as it
              is immediately before the transfer time is to be transferred to the
              account referred to in section 32.

20     Division 2 -- Transition from former Government Railways
                     Act 1904 bodies to Authority
     79.      Terms used in this Division
              In this Division, unless the contrary intention appears --
              "asset" means property of any kind belonging, immediately
25                 before the commencement time, to a former body, whether
                   tangible, intangible, real, or personal and, without limiting
                   that meaning, includes --
                   (a) any chose in action or goodwill; or




                                                                         page 45
     Public Transport Authority Bill 2003
     Part 7         Transitional matters
     Division 2     Transition from former Government Railways Act 1904 bodies
                    to Authority
     s. 80


                    (b) any right, interest, or claim of any kind,
                    whether arising from, accruing under, created or evidenced
                    by or the subject of, an instrument or otherwise and
                    whether liquidated or unliquidated, actual, contingent or
5                   prospective;
               "commencement time" means the time when this Division
                    comes into operation;
               "former body" means the Minister for Western Australian
                    Government Railways or The Western Australian
10                  Government Railways Commission;
               "liability" means any liability, duty or obligation that,
                    immediately before the commencement time, a former
                    body had --
                    (a) whether actual, contingent or prospective, liquidated
15                        or unliquidated; or
                    (b) whether owed alone or jointly or jointly and severally
                          with any other person;
               "Minister for Western Australian Government Railways"
                    means the former body corporate named Minister for
20                  Western Australian Government Railways established
                    under the Government Railways Act 1904 section 4;
               "right" means any right, power, privilege or immunity that,
                    immediately before the commencement time, a former
                    body had whether actual, contingent or prospective;
25             "The Western Australian Government Railways
                    Commission" means the former body corporate named
                    The Western Australian Government Railways
                    Commission constituted under the Government Railways
                    Act 1904 section 8.

30   80.       Authority is successor of former bodies
               At the commencement time, the body corporate under the name
               "Minister for Western Australian Government Railways" and
               the body corporate under the name "The Western Australian


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                                            Public Transport Authority Bill 2003
                                             Transitional matters         Part 7
      Transition from former Government Railways Act 1904 bodies     Division 2
                                                      to Authority
                                                                            s. 81


                 Government Railways Commission" are each succeeded by the
                 Authority.

     81.         Transitional provisions
           (1)   At the commencement time --
5                 (a) every asset is, by operation of this section, assigned to
                         the Authority;
                  (b) every liability is, by operation of this section, assigned
                         to and becomes a liability of the Authority; and
                  (c) the Authority is, by operation of this section, substituted
10                       for a former body as a party to any proceedings.
           (2)   Any agreement or instrument has effect, by operation of this
                 section, as if a reference to the Authority were, at the
                 commencement time, substituted for a reference to the former
                 body in the agreement or instrument, unless in the context it
15               would be inappropriate to make the substitution.
           (3)   Any proceedings or remedy that might have been commenced
                 by, or available against or to, a former body in relation to an
                 asset or liability assigned by subsection (1) may be commenced
                 by, or are available against or to, the Authority.
20         (4)   Anything relating to an asset or liability assigned by
                 subsection (1) that was done or omitted to be done by, to, or in
                 respect of, a former body before the assignment and is of any
                 effect is to be taken to have been done or omitted by, to, or in
                 respect of, the Authority.
25         (5)   Crown land that, immediately before the commencement time,
                 was vested in the Minister for Western Australian Government
                 Railways by the Government Railways Act 1904 section 4(1) is
                 to be regarded as if it had, at that time --
                   (a) been reserved under the Land Administration Act 1997
30                       section 41 for the purposes of performing the
                         Authority's functions under this Act or the Government
                         Railways Act 1904; and


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                    to Authority
     s. 82


                  (b)    under the Land Administration Act 1997 section 46,
                         been placed under the care, control, and management of
                         the Authority for those purposes.
           (6)   Government railways, other than Crown land, that, immediately
5                before the commencement time, were vested in the Minister for
                 Western Australian Government Railways by the Government
                 Railways Act 1904 section 4(1) become at that time the property
                 of the Authority.
           (7)   The reference in subsection (6) to Government railways other
10               than Crown land includes a reference to anything that is on
                 Crown land.
           (8)   Subsections (5) and (6) do not limit the assignment by
                 subsection (1) to the Authority of any asset belonging
                 immediately before the commencement time to a former body.

15   82.         Completion of necessary transactions
           (1)   If, to any extent, section 81 cannot have effect as described in
                 this Division (whether because a matter is governed otherwise
                 than by the law of the State, or for any other reason), the
                 relevant parties are each to take all practicable steps for the
20               purpose of securing that the effect sought to be achieved by this
                 Division is achieved as soon as possible after the
                 commencement time.
           (2)   Despite the repeals effected by sections 100 and 103, each of
                 the former bodies is preserved for the purposes of doing things
25               under subsection (1), and the Minister may execute documents
                 for, and otherwise act on behalf of, each of those bodies for the
                 purposes of doing those things.

     83.         Registration of documents
           (1)   The Authority is to cause to be delivered to each relevant
30               official a schedule, in a form acceptable to the relevant official,
                 of the information that the relevant official needs in order to
                 register changes effected by this Division.

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                                                      to Authority
                                                                            s. 84


           (2)   The relevant officials are to take notice of this Division and are
                 to record and register in the appropriate manner the documents
                 necessary to show the effect of this Division.
           (3)   In this section --
5                "relevant official" means --
                      (a) the Registrar of Titles;
                      (b) the Registrar of Deeds;
                      (c) the Minister administering the Mining Act 1978; or
                      (d) any other person authorised by a written law to
10                          record and give effect to the registration of
                            documents relating to property transactions,
                      according to which, if any, of them has responsibility for a
                      register relating to the relevant property;
                 "relevant property" means property of a kind affected by this
15                    Division, whether it is an estate or interest in land or any
                      other property.

     84.         By-laws under Government Railways Act 1904 section 23
                 continue
                 By-laws that, immediately before the commencement time, are
20               in force under the Government Railways Act 1904 section 23
                 continue under that section as if they had been made by the
                 Authority.

     85.         References in written laws to former bodies
           (1)   A reference in a written law in force immediately before the
25               commencement time to a former body is to be construed, after
                 that time, as a reference to the Authority unless in the context it
                 would be inappropriate to do so.
           (2)   Subsection (1) does not apply to anything for which this Act has
                 made other provision.




                                                                             page 49
     Public Transport Authority Bill 2003
     Part 7         Transitional matters
     Division 3     Transition from Rail Corridor Minister to Authority
     s. 86



           Division 3 -- Transition from Rail Corridor Minister to
                                 Authority
     86.       Terms used in this Division
               In this Division, unless the contrary intention appears --
5              "asset" means property of any kind belonging, immediately
                    before the commencement time, to the Rail Corridor
                    Minister, whether tangible, intangible, real, or personal
                    and, without limiting that meaning, includes --
                    (a) any chose in action or goodwill; or
10                  (b) any right, interest, or claim of any kind,
                    whether arising from, accruing under, created or evidenced
                    by or the subject of, an instrument or otherwise and
                    whether liquidated or unliquidated, actual, contingent or
                    prospective;
15             "commencement time" means the time when this Division
                    comes into operation;
               "liability" means any liability, duty or obligation that,
                    immediately before the commencement time, the Rail
                    Corridor Minister had --
20                  (a) whether actual, contingent or prospective, liquidated
                          or unliquidated; or
                    (b) whether owed alone or jointly or jointly and severally
                          with any other person;
               "Rail Corridor Minister" means the former body corporate
25                  named "the Rail Corridor Minister" established by the Rail
                    Freight System Act 2000 section 32(1);
               "right" means any right, power, privilege or immunity that,
                    immediately before the commencement time, the Rail
                    Corridor Minister had whether actual, contingent or
30                  prospective.




     page 50
                                                Public Transport Authority Bill 2003
                                                  Transitional matters        Part 7
                    Transition from Rail Corridor Minister to Authority  Division 3
                                                                                s. 87



     87.         Transitional provisions
           (1)   At the commencement time --
                  (a)   every asset is, by operation of this section, assigned to
                        the Authority;
5                 (b)   every liability is, by operation of this section, assigned
                        to and becomes a liability of the Authority; and
                  (c)   the Authority is, by operation of this section, substituted
                        for the Rail Corridor Minister as a party to any
                        proceedings.
10         (2)   Any agreement or instrument has effect, by operation of this
                 section, as if a reference to the Authority were, at the
                 commencement time, substituted for a reference to the Rail
                 Corridor Minister in the agreement or instrument, unless in the
                 context it would be inappropriate to make the substitution.
15         (3)   Any proceedings or remedy that might have been commenced
                 by, or available against or to, the Rail Corridor Minister in
                 relation to an asset or liability assigned by subsection (1) may
                 be commenced by, or are available against or to, the Authority.
           (4)   Anything relating to an asset or liability assigned by
20               subsection (1) that was done or omitted to be done by, to, or in
                 respect of, the Rail Corridor Minister before the assignment and
                 is of any effect is to be taken to have been done or omitted by,
                 to, or in respect of, the Authority.

     88.         Completion of necessary transactions
25         (1)   If, to any extent, section 87 cannot have effect as described in
                 this Division (whether because a matter is governed otherwise
                 than by the law of the State, or for any other reason), the
                 relevant parties are each to take all practicable steps for the
                 purpose of securing that the effect sought to be achieved by this
30               Division is achieved as soon as possible after the
                 commencement time.



                                                                            page 51
     Public Transport Authority Bill 2003
     Part 7         Transitional matters
     Division 3     Transition from Rail Corridor Minister to Authority
     s. 89



           (2)   Despite the repeal effected by section 176, the Rail Corridor
                 Minister is preserved for the purposes of doing things under
                 subsection (1), and the Minister may execute documents for,
                 and otherwise act on behalf of, that body for the purposes of
5                doing those things.

     89.         Registration of documents
           (1)   The Authority is to cause to be delivered to each relevant
                 official a schedule, in a form acceptable to the relevant official,
                 of the information that the relevant official needs in order to
10               register changes effected by this Division.
           (2)   The relevant officials are to take notice of this Division and are
                 to record and register in the appropriate manner the documents
                 necessary to show the effect of this Division.
           (3)   In this section --
15               "relevant official" means --
                      (a) the Registrar of Titles;
                      (b) the Registrar of Deeds;
                      (c) the Minister administering the Mining Act 1978; or
                      (d) any other person authorised by a written law to
20                           record and give effect to the registration of
                             documents relating to property transactions,
                      according to which, if any, of them has responsibility for a
                      register relating to the relevant property;
                 "relevant property" means property of a kind affected by this
25                    Division, whether it is an estate or interest in land or any
                      other property.

     90.         References in written laws to Rail Corridor Minister
           (1)   A reference in a written law in force immediately before the
                 commencement time to the Rail Corridor Minister is to be
30               construed, after that time, as a reference to the Authority unless
                 in the context it would be inappropriate to do so.


     page 52
                                                  Public Transport Authority Bill 2003
                                                   Transitional matters         Part 7
           Abolition of Metropolitan (Perth) Passenger Transport Trust     Division 4
                                                                                  s. 91



           (2)   Subsection (1) does not apply to anything for which this Act has
                 made other provision.

           Division 4 -- Abolition of Metropolitan (Perth) Passenger
                               Transport Trust
5    91.         Winding up of affairs of Metropolitan (Perth) Passenger
                 Transport Trust
           (1)   When the Metropolitan (Perth) Passenger Transport Trust
                 Act 1957 is repealed by section 156, the Minister responsible for
                 the administration of the Transport Co-ordination Act 1966
10               (the "Minister") is required to wind up the affairs of the former
                 Metropolitan (Perth) Passenger Transport Trust (the "Trust") as
                 soon as is practicable, and for the purpose of winding up those
                 affairs --
                   (a) all real and personal property and every right or interest
15                       in it that immediately before the repeal was vested in the
                         Trust passes to and becomes vested in the State without
                         any transfer or assignment;
                   (b) all records and data of the Trust pass to the Minister;
                   (c) all rights, liabilities, and obligations of the Trust that
20                       existed immediately before the repeal devolve on the
                         State;
                   (d) all contracts, agreements and undertakings made by and
                         with the Trust and having effect immediately before the
                         repeal have effect as contracts, agreements, and
25                       undertakings made by and with the Minister acting on
                         behalf of, and in the name of, the State and may be
                         enforced by or against the State accordingly; and
                   (e) any legal or other proceedings or any remedies that
                         might, but for the repeal, have been commenced or
30                       continued by or against or have been available to the
                         Trust may be commenced or continued by or against or
                         are available to the State, as the case requires.



                                                                              page 53
     Public Transport Authority Bill 2003
     Part 7         Transitional matters
     Division 5     State tax implications of transitions
     s. 92



           (2)   For the purposes described in subsection (1) a reference to the
                 Trust in --
                  (a) a law of the State in force immediately before the repeal;
                         or
5                 (b) a document in existence immediately before the repeal,
                 is to be construed, after the repeal, as a reference to the State or
                 the Minister acting on behalf of the State, unless in the context it
                 would be inappropriate to do so.
           (3)   Subsections (1) and (2) do not apply to anything for which this
10               Act has made other provision.

                 Division 5 -- State tax implications of transitions
     92.         Exemption from State tax
           (1)   In this section --
                 "State tax" includes stamp duty chargeable under the Stamp
15                   Act 1921 and any other tax, duty, fee, levy or charge, under
                     a law of the State.
           (2)   State tax is not payable in relation to --
                   (a)   anything that occurs by operation of this Part; or
                   (b)   anything done (including a transaction entered into or an
20                       instrument or document of any kind made, executed,
                         lodged or given) under this Part, or to give effect to this
                         Part, or for a purpose connected with or arising out of,
                         giving effect to this Part.

                           Division 6 -- Other provisions
25   93.         Certain contributions by former body suffice
                 An obligation imposed by the Agriculture Protection Board
                 Act 1950 section 11 on the Public Transport Authority of
                 Western Australia to contribute in respect of a year is satisfied
                 to the extent that The Western Australian Government Railways


     page 54
                                        Public Transport Authority Bill 2003
                                         Transitional matters         Part 7
                                            Other provisions     Division 6
                                                                        s. 94



           Commission had, before section 140 commenced, already made
           a contribution in respect of that year under that section.

     94.   Tourist railways
           If, immediately before the commencement of section 123, an
5          order was in force under the Government Railways Act 1904
           section 66A (the "former order") authorising a person to
           occupy land for a tourist railway, the land is to be regarded as
           having been --
              (a) reserved under the Land Administration Act 1997
10                 section 41 for the purposes of operating a tourist
                   railway; and
             (b) placed under the care, control, and management of that
                   person for the purposes described in paragraph (a) by an
                   order under the Land Administration Act 1997
15                 section 46 containing the same conditions as applied
                   under the former order.

     95.   Saving
           The operation of a provision of this Part is not to be
           regarded as --
20           (a) a breach of contract or confidence or any other civil
                  wrong;
             (b) a breach of a contractual provision prohibiting,
                  restricting, or regulating the assignment or transfer of
                  assets or liabilities or the disclosure of information;
25           (c) giving rise to a remedy by a party to an instrument, or
                  causing or permitting the termination of any instrument,
                  because of a change in the beneficial or legal ownership
                  of any asset or liability;
             (d) causing any contract or instrument to be void or
30                otherwise unenforceable; or
             (e) releasing, or allowing the release of, any surety.



                                                                    page 55
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 96



                            Part 8 -- Other Acts
               Division 1 -- Government Railways Act 1904 and
                             related provisions
     96.       Government Railways Act 1904 amended
5              Except as otherwise stated, the amendments in this Division are
               to the Government Railways Act 1904*.
               [* Reprinted as at 7 Sep 2001.
                  For subsequent amendments see Act No. 7 of 2002.]

     97.       Section 2 amended
10             Section 2 is amended as follows:
                 (a) in the definition of "Railway" or "Government
                      railway" --
                         (i) by deleting ", except as hereinafter provided,";
                        (ii) by deleting "is for the time being declared under
15                            section 66A not to be" and inserting instead --
                              " under section 66A is not "; and
                       (iii) by deleting "Act:" and the proviso that follows it
                              and inserting instead --
                              " Act; ";
20              (b) by deleting the semicolon at the end of the definition of
                      "Road" and inserting a full stop instead;
                 (c) by deleting the definitions of "Commissioner",
                      "Commission", "Department", "Minister", and "the
                      Account";




     page 56
                                          Public Transport Authority Bill 2003
                                                    Other Acts          Part 8
            Government Railways Act 1904 and related provisions    Division 1
                                                                          s. 98



               (d)     by inserting the following definitions in their
                       appropriate alphabetical positions --
                  "
                      "Authority" means the Public Transport Authority of
5                             Western Australia established by the Public
                              Transport Authority Act 2003 section 5;
                      "chief executive officer" means the chief executive
                              officer of the Authority;
                      "Department" means the department of the Public
10                            Service principally assisting the Minister in the
                              administration of this Act;
                                                                                  ".

     98.     Section 2AA inserted
             After section 2, the following section is inserted --
15   "
           2AA.       Certain land continues to be part of government
                      railway
             (1)      If, for the purpose of facilitating the Authority's
                      involvement in, or the business of, a business concern,
20                    the Authority disposes of a leasehold interest in any
                      railway land to the business concern, the disposal by
                      the Authority of that interest does not prevent the land
                      from continuing to be part of a Government railway.
             (2)      In this section --
25                    "business concern" means a company, a partnership, a
                           trust, a joint venture, or any other business
                           arrangement, in which the Authority is involved
                           for all or any of the purposes of --
                           (a) acquiring or taking over any property, rights,
30                                and liabilities of the Authority; or
                           (b) carrying out, controlling, or managing any
                                  undertaking, works, or business;


                                                                          page 57
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 99



                       "railway land" means land that is part of a
                           Government railway.
                                                                                   ".

     99.         Section 3 replaced
5                Section 3 is repealed and the following section is inserted
                 instead --
     "
            3.         Property in things on railway land
                       Anything that is on Crown land that is part of a
10                     Government railway --
                        (a) is not a part of the land, regardless of whether it
                              is of the nature of a fixture;
                        (b) is capable of being assigned separately from the
                              land; and
15                      (c) is capable of being removed from the land by,
                              or with the authority of, the owner of that thing.
                                                                                   ".

     100.        Section 4 replaced
                 Section 4 is repealed and the following section is inserted
20               instead --
     "
            4.         Effect on Crown land when railway construction
                       authorised
                       If all or part of a Government railway is authorised to
25                     be constructed on Crown land, the land is to be
                       regarded as if it had, at that time --
                         (a) been reserved under the Land Administration
                                Act 1997 section 41 for the purposes of
                                performing the Authority's functions under the
30                              Public Transport Authority Act 2003 or this
                                Act; and


     page 58
                                           Public Transport Authority Bill 2003
                                                     Other Acts          Part 8
             Government Railways Act 1904 and related provisions    Division 1
                                                                         s. 101



                            (b)   under the Land Administration Act 1997
                                  section 46, been placed under the care, control,
                                  and management of the Authority for those
                                  purposes.
5                                                                                     ".
     101.         Section 5 repealed
                  Section 5 is repealed.
     102.         Section 7 amended
                  Section 7 is amended by deleting "Minister" and inserting
10                instead --
                  "     chief executive officer   ".
     103.         Part II repealed
                  Part II is repealed.
     104.         Section 13 amended
15                Section 13(1a)(b) is deleted.
     105.         Section 14 replaced
                  Section 14 is repealed and the following section is inserted
                  instead --
     "
20          14.           Authority may join any body formed for the
                          improvement of railways
                  (1)     Subject to this Act and to the prior approval of the
                          Minister, the Authority may --
                           (a) become a member of or shareholder in; and
25                         (b) contribute funds to,
                          any body whether incorporated or not (the "body")
                          that --
                            (c) has its principal office within the
                                 Commonwealth; and

                                                                                 page 59
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 106



                      (d)   has among its principal objects the
                            improvement of railway systems within the
                            Commonwealth.
               (2)   The chief executive officer or any other officer of the
5                    Authority authorised in writing by the chief executive
                     officer may represent the Authority or hold office on
                     the body but any authorisation given under this
                     subsection is revocable by the chief executive officer.
               (3)   Within any constraints that the Minister may impose,
10                   the Authority may --
                       (a) take part in any activities of the body;
                       (b) carry out any function, investigation and
                            research for or on behalf of the body either
                            alone or in association with any other person
15                          appointed by the body; and
                       (c) contribute to the cost of any activity carried on
                            by the body or by any person on its behalf.
                                                                               ".

     106.      Section 16 repealed
20             Section 16 is repealed.

     107.      Section 19 repealed
               Section 19 is repealed.

     108.      Section 21 repealed
               Section 21 is repealed.

25   109.      Section 23 amended
               Section 23(1) is amended as follows:
                 (a) by deleting paragraph (11);
                (b) by deleting paragraph (15);



     page 60
                                          Public Transport Authority Bill 2003
                                                    Other Acts          Part 8
            Government Railways Act 1904 and related provisions    Division 1
                                                                        s. 110



                 (c)    in paragraph (23a) by deleting "is vested in the
                        Minister" and inserting instead --
                        "
                              belongs to or is under the care, control, and
5                             management of the Authority
                                                                                   ";
                 (d)    in paragraph (23c) by deleting "the Account" and
                        inserting instead --
                        "
10                            the account referred to in the Public Transport
                              Authority Act 2003 section 32
                                                                                   ";
                 (e)    in paragraph (25) by deleting "in railway refreshment
                        rooms, and on trains, that are" and inserting instead --
15                      " on trains or other property ";
                 (f)    in paragraph (26) by deleting "The Western Australian
                        Industrial Commission" and inserting instead --
                        "
                              the Western Australian Industrial Relations
20                            Commission
                                                                                   ".
     110.    Section 24 amended
             Section 24(7) is amended by deleting "the Account" and
             inserting instead --
25           "
                       the account referred to in the Public Transport
                       Authority Act 2003 section 32
                                                                                   ".

     111.    Sections 28, 28A, and 29 repealed
30           Sections 28, 28A, and 29 are repealed.




                                                                              page 61
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 112



     112.      Section 33 amended
               Section 33 is amended by deleting "the Account" and inserting
               instead --
               "
5                   the account referred to in the Public Transport
                    Authority Act 2003 section 32
                                                                                   ".

     113.      Section 37 amended
               Section 37(3) is amended by deleting "Subject to sections 17
10             and 28A, the Commission" and inserting instead --
               "   The Authority ".

     114.      Section 44 amended
               Section 44 is amended by inserting after "Any passenger" --
               " travelling on a service provided by the Authority      ".

15   115.      Section 45 amended
               Section 45(4) is repealed and the following paragraph is inserted
               instead --
                   "
                       (4)   sells or offers for sale any ticket for travel on a
20                           service provided by the Authority (an
                             "Authority ticket"), or any portion of an
                             Authority ticket, not being a person authorised
                             or employed by the Authority to sell the ticket,
                             or purchases or offers to purchase an Authority
25                           ticket or any portion of an Authority ticket from
                             a person not authorised or employed by the
                             Authority to sell the ticket;
                                                                                   ".




     page 62
                                           Public Transport Authority Bill 2003
                                                     Other Acts          Part 8
             Government Railways Act 1904 and related provisions    Division 1
                                                                         s. 116



     116.     Section 46 amended
              Section 46(4) and "or" after that paragraph are deleted.

     117.     Section 52 repealed
              Section 52 is repealed.

5    118.     Part IV repealed
              Part IV is repealed.

     119.     Section 61 amended
       (1)    Section 61(1) is amended as follows:
               (a) by deleting "The Commission" and inserting instead --
10                   " Under this section the Authority ";
               (b) by inserting after "rail service" --
                     " other than a public passenger transport service ".
       (2)    Section 61(4) is amended by deleting "dispose of, or lease or
              otherwise grant rights to use, real or personal property." and
15            inserting instead --
              "
                    exercise any of its powers under the Public Transport
                    Authority Act 2003 or this Act in relation to property.
                                                                               ".

20   120.     Sections 62, 63, and 64 repealed
              Sections 62, 63, and 64 are repealed.




                                                                         page 63
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 121



     121.         Section 64 inserted
                  After section 63B the following section is inserted --
     "
            64.         Other powers not excluded
5                       The Authority's powers under this Part are in addition
                        to its powers under the Public Transport Authority
                        Act 2003 sections 13 to 17.
                                                                                   ".

     122.         Sections 65 and 66 repealed
10                Sections 65 and 66 are repealed.

     123.         Section 66A replaced
                  Section 66A is repealed and the following section is inserted
                  instead --
     "
15          66A.        Tourist railways
                  (1)   If a railway or portion of a railway that is on Crown
                        land is no longer required for use by the Authority, the
                        Authority may request the Minister for Lands to make
                        orders in respect of the land in accordance with
20                      subsection (2).
                  (2)   If requested under subsection (1) by the Authority to do
                        so, the Minister for Lands is required to --
                          (a) under the Land Administration Act 1997
                                section 50, order that any management order
25                              placing the land under the care, control, and
                                management of the Authority is revoked;
                          (b) make an order under the Land Administration
                                Act 1997 section 51 changing the purpose for
                                which the land is reserved to the purposes of
30                              operating a tourist railway; and


     page 64
                                   Public Transport Authority Bill 2003
                                             Other Acts          Part 8
     Government Railways Act 1904 and related provisions    Division 1
                                                                 s. 123



              (c)   under the Land Administration Act 1997
                    section 46, place the land under the care,
                    control, and management of a person specified
                    by the Authority in its request as the operator of
5                   the tourist railway.
      (3)   Land in respect of which an order is made as required
            by subsection (2)(a) is not a Government railway for
            the purposes of this Act.
      (4)   If an order by which land is placed under the care,
10          control, and management of a person for the purposes
            of operating a tourist railway is revoked and the land is
            again required for use by the Authority in connection
            with a Government railway, the land again becomes a
            part of a Government railway for the purposes of this
15          Act and the Authority may request the Minister for
            Lands to make orders in respect of the land in
            accordance with subsection (5).
      (5)   If requested under subsection (4) by the Authority to do
            so, the Minister for Lands is required to --
20            (a) make --
                      (i) an order under the Land Administration
                           Act 1997 section 51 changing the
                           purpose for which the land is reserved
                           to the purposes described in
25                         section 4(a); or
                     (ii) if the reserve has been cancelled, make
                           an order under the Land Administration
                           Act 1997 section 41 reserving the land
                           for the purposes described in
30                         section 4(a);
                    and
              (b) make an order under the Land Administration
                    Act 1997 section 46, placing the land under the


                                                                 page 65
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 124



                               care, control, and management of the Authority
                               for the purposes described in section 4(a).
                  (6)   In this section --
                        "Minister for Lands" means the body corporate of that
5                             name referred to in the Land Administration
                              Act 1997 section 7(1).
                                                                                 ".

     124.         Section 67 repealed
                  Section 67 is repealed.

10   125.         Section 71 repealed
                  Section 71 is repealed.

     126.         Section 73 amended
        (1)       Section 73(1) is repealed and the following subsection is
                  inserted instead --
15            "
                  (1)   The Authority may suspend, dismiss, fine, transfer
                        without payment of transfer expenses, or reduce to a
                        lower class or grade, any specified award employee,
                        and the Minister cannot give any direction as to the
20                      exercise of those powers except in the cases of such
                        offices and services as are prescribed.
                                                                                 ".
        (2)       Section 73(2) is amended as follows:
                   (a) in paragraph (a) --
25                          (i) by deleting "an officer or servant" and inserting
                                 instead --
                                 " a specified award employee "; and
                           (ii) by deleting "that officer or servant" and inserting
                                 instead --
30                               " that employee ";

     page 66
                                             Public Transport Authority Bill 2003
                                                       Other Acts          Part 8
               Government Railways Act 1904 and related provisions    Division 1
                                                                           s. 126



                    (b)    in paragraph (b) by deleting "an officer or servant" and
                           inserting instead --
                           " a specified award employee ";
                    (c)    by deleting "any officer or servant" and inserting
5                          instead --
                           " any specified award employee ";
                    (d)    by deleting the proviso commencing "Provided
                           nevertheless" and continuing to the end of the
                           subsection and inserting instead --
10              "
                          Except that, if the act or omission involved the
                          employee's driving of a motor vehicle and the
                          employee was punished for it under the Road Traffic
                          Act 1974, the Authority may inflict on that employee
15                        the punishment referred to in paragraph (a)(iii), or
                          either or both of the punishments referred to in
                          paragraph (a)(ii) and (iv), but not the punishment
                          referred to in paragraph (a)(i).
                                                                                      ".
20   (3)        Section 73(3) is amended by deleting "person who is appointed
                under subsection (1) to be an officer or servant of the
                Department and" and inserting instead --
                "     specified award employee      ".
     (4)        At the end of section 73 the following subsection is inserted --
25         "
                (4)       In this section --
                           "specified award employee" means a person who
                                    was employed under this section immediately
                                    before it was amended by the Public Transport
30                                  Authority Act 2003 section 126 and, when that
                                    amendment took effect, became an employee
                                    of the Authority but only if the person's



                                                                             page 67
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 127



                               employment was, before the amendment took
                               effect, and continues to be, covered by --
                            (a) the Government Railways Locomotive
                                 Enginemen's Award 1973-1990 No. 13
5                                of 1990; or
                            (b) the Railway Employees Award No. 18
                                 of 1969.
                                                                                   ".

     127.         Section 74 amended
10                After section 74(1) the following subsection is inserted --
            "
                (1a)    The power that subsection (1) gives a special constable
                        to take a person into custody includes the power to take
                        the person in custody to a police station or other place
15                      for the person to be dealt with according to law.
                                                                                   ".

     128.         Section 75 repealed
                  Section 75 is repealed.

     129.         Section 76 replaced
20                Section 76 is repealed and the following section is inserted
                  instead --
     "
            76.         Endowment and provident fund
                  (1)   The Authority may --
25                       (a)   hold shares in the company; and
                         (b)   at the request of the company --
                                 (i) provide the company with the services
                                       of staff of the Authority at such cost as
                                       the Authority determines; and



     page 68
                                          Public Transport Authority Bill 2003
                                                    Other Acts          Part 8
            Government Railways Act 1904 and related provisions    Division 1
                                                                        s. 130



                                (ii)   do anything else that it considers
                                       necessary or expedient to assist in the
                                       administration of the company.
             (2)       In this section --
5                      "the company" means West Super Plus Pty Ltd
                              (ACN 009 436 408).
                                                                                 ".

     130.    Section 77 amended
             Section 77 is amended by deleting "3 months." and inserting
10           instead --
             "     6 months.     ".

     131.    Sections 85, 86, and 87 repealed
             Sections 85, 86, and 87 are repealed.

     132.    Section 88 amended
15           Section 88(2) is amended as follows:
               (a) by deleting "leased under section 63" and inserting
                    instead --
             "
                       in which the Authority has given a leasehold interest
20                                                                               ";
                 (b)    by deleting "or section 63A".

     133.    Section 90 repealed
             Section 90 is repealed.

     134.    Sections 93 and 93A repealed
25           Sections 93 and 93A are repealed.




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     Division 1     Government Railways Act 1904 and related provisions
     s. 135



     135.          Section 94 replaced
                   Section 94 is repealed and the following section is inserted
                   instead --
     "
5           94.          Prosecutions
                         Proceedings for an offence against this Act may be
                         instituted by a member of the Police Force or on behalf
                         of the Authority by an employee of the Authority
                         authorised in writing by it to institute the proceedings
10                       on its behalf.
                                                                                      ".
     136.          Section 95 replaced
                   Section 95 is repealed and the following section is inserted
                   instead --
15   "
            95.          Representation of Authority in proceedings
                         In summary proceedings an employee of the Authority
                         nominated by the Authority in writing for that purpose
                         may, whether or not a legal practitioner, represent the
20                       Authority in all respects as though the employee were
                         the party concerned.
                                                                                      ".
     137.          Section 96 amended
         (1)       Section 96(1) is repealed and the following subsection is
25                 inserted instead --
               "
                   (1)   In any prosecution or other legal proceedings under
                         this Act, the by-laws, or the regulations instituted by or
                         on behalf of the Authority, no proof is required (unless
30                       evidence is given to the contrary) of --
                           (a) a person's authorisation to institute the
                                 proceedings on behalf of the Authority;

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                                           Public Transport Authority Bill 2003
                                                     Other Acts          Part 8
             Government Railways Act 1904 and related provisions    Division 1
                                                                         s. 138



                          (b)   a person's nomination to represent the
                                Authority in the proceedings; or
                          (c)   the appointment of the chief executive officer
                                of, or any employee of, the Authority.
5                                                                                  ".
       (2)    Section 96(2)(b) is amended by deleting "the Commissioner, or
              officer authorised in that behalf, of the Commission" and
              inserting instead --
                          "
10                              the chief executive officer, or an employee
                                authorised in that behalf, of the Authority
                                                                                   ".
       (3)    Section 96(3) is amended as follows:
                (a)       by deleting paragraph (d) and inserting the following
15                        paragraph instead --
                      "
                          (d)   belongs to, or is under the care, control, and
                                management of, the Authority;
                                                                                   ";
20              (b)       by deleting "the" before "proof to the contrary".

     138.     Section 97 repealed
              Section 97 is repealed.




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    Public Transport Authority Bill 2003
    Part 8         Other Acts
    Division 1     Government Railways Act 1904 and related provisions
    s. 139



    139.      Various references to Commission amended
       (1)    The Act is amended by deleting "Commission" in each place
              where it occurs that is specified in the Table to this subsection
              and inserting instead --
5             "    Authority      ".
                                            Table
                  s. 13(1) and (2)
                  s. 15
                  s. 18(1), (2), (3), (4), (5), (6), and (7)
                  s. 23(1) (in first line), 23(1)(6), 23(1)(23a)(a), 23(1)(23b)(g)
                     (in both places), (i), (j), and (k), 23(1)(23c) (in 3 places),
                     23(1)(24), 23(1)(25)
                  s. 24(6)
                  s. 25
                  s. 26 (in both places)
                  s. 26A and 27
                  s. 30 (in both places)
                  s. 31
                  s. 32(1) and (3)
                  s. 34(2)
                  s. 35
                  s. 36 (in both places)
                  s. 38 (in 3 places)
                  s. 40 and 44
                  s. 48(1)
                  s. 49, 50, and 53
                  s. 53A(11) and (12)
                  s. 61(3) and (4)
                  s. 63A(1), (2), and (3)
                  s. 63B(1) and (2)
                  s. 68
                  s. 72 (in 3 places)
                  s. 73(2) (in 3 places)
                  s. 74(1)
                  s. 74(2) (in both places)
                  s. 78(1)(b) and (2)
                  s. 80 (in both places)
                  s. 82(4)(a)(iii) and (b)

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                                           Public Transport Authority Bill 2003
                                                     Other Acts          Part 8
             Government Railways Act 1904 and related provisions    Division 1
                                                                         s. 140



                  s. 83
                  s. 92(2), (3) (in both places), and (4) (in both places)
                  s. 96(3)(e)
       (2)    The Act is amended by deleting "Commission's" in
              section 23(2)(b) in both places where it occurs and inserting
              instead --
              "    Authority's        ".

5    140.     Agriculture Protection Board Act 1950 amended
       (1)    The amendments in this section are to the Agriculture
              Protection Board Act 1950*.
              [* Reprinted as at 3 September 1999.]
       (2)    Section 11(1) is amended by deleting the definition of
10            "Commission" and inserting instead the following definition --
              "
                "Authority" means the Public Transport Authority of
                        Western Australia established by the Public
                        Transport Authority Act 2003 section 5;
15                                                                         ".
       (3)    The provisions described in the Table to this subsection are
              amended by deleting "Commission" and inserting instead --
              "    Authority     ".
                                            Table
20           s. 11(2)
             s. 11(4) (in both places)

     141.     Alumina Refinery Agreement Act 1961 amended
       (1)    The amendment in this section is to the Alumina Refinery
              Agreement Act 1961*.
25            [* Reprinted as at 25 August 2000.]
       (2)    Section 5 is repealed.

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     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 142



     142.      Anglo-Persian Oil Company Limited's (Private) Act 1919
               amended
        (1)    The amendments in this section are to the Anglo-Persian Oil
               Company Limited's (Private) Act 1919*.
5              [* Reprinted as at 16 August 2002.]
        (2)    Section 2 is amended in the definition of "Local Authority" by
               deleting "Commissioner of Railways" and inserting instead --
               "   Public Transport Authority of Western Australia       ".
        (3)    Section 3 is amended by deleting "vested in the Honourable the
10             Minister for Railways or the Minister of the Crown
               administering the Government Railways Act 1904, for the time
               being respectively" and inserting instead --
               "
                        that belongs to, or is under the care, control, or
15                      management of, the Public Transport Authority of
                        Western Australia
                                                                                ".

     143.      Armadale Redevelopment Act 2001 amended
        (1)    The amendments in this section are to the Armadale
20             Redevelopment Act 2001*.
               [* Act No. 25 of 2001.]
        (2)    Section 24(1)(c) is deleted and the following paragraph is
               inserted instead --
                    "
25                       (c)   the Public Transport Authority of Western
                               Australia established by the Public Transport
                               Authority Act 2003 section 5;
                                                                                ".




     page 74
                                               Public Transport Authority Bill 2003
                                                         Other Acts          Part 8
                 Government Railways Act 1904 and related provisions    Division 1
                                                                             s. 144



     144.         British Imperial Oil Company, Limited (Private) Act 1925
                  amended
       (1)        The amendments in this section are to the British Imperial Oil
                  Company, Limited (Private) Act 1925*.
5                 [* Act No. 16 of 1925.
                     For subsequent amendments see 2001 Index to Legislation of
                     Western Australia, Table 1, p. 34.]
       (2)        Section 2 is amended in the definition of "Local authority" by
                  deleting "Commissioner of Railways" and inserting instead --
10                "     Public Transport Authority of Western Australia    ".
       (3)        Section 3 is amended by deleting "vested in the Honourable the
                  Minister for Railways or the Minister of the Crown
                  administering the Government Railways Act 1904, for the time
                  being respectively" and inserting instead --
15                "
                          that belong to, or are under the care, control, or
                          management of, the Public Transport Authority of
                          Western Australia
                                                                                     ".
20   145.         Broken Hill Proprietary Company's Integrated Steel Works
                  Agreement Act 1960 amended
       (1)        The amendment in this section is to the Broken Hill Proprietary
                  Company's Integrated Steel Works Agreement Act 1960*.
                  [* Reprinted as at 4 January 2002.]
25     (2)        After section 4(3) the following subsection is inserted --
             "
                  (4)     The reference in subsection (3)(d) to The Western
                          Australian Government Railways Commission includes
                          a reference to the Public Transport Authority of
30                        Western Australia established by the Public Transport
                          Authority Act 2003 section 5.
                                                                                     ".

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     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 146



     146.       Bunbury Railway Lands Act 1985 repealed
                The Bunbury Railway Lands Act 1985 is repealed.

     147.       Industrial Relations Act 1979 amended
        (1)     The amendments in this section are to the Industrial Relations
5               Act 1979*.
                [* Reprinted as at 8 November 2002.]
        (2)     Section 80M(1) is amended as follows:
                 (a) by deleting the definitions of "Minister for Railways"
                       and "Railways Commission";
10               (b) by inserting in the appropriate alphabetical positions the
                       following definitions --
            "
                          "Public Transport Authority" means the Public
                                 Transport Authority of Western Australia
15                               established by the Public Transport
                                 Authority Act 2003 section 5;
                          "transport Minister" means the Minister responsible
                                 for the administration of the Public Transport
                                 Authority Act 2003;
20                                                                                ";
                    (c)   in the definition of "railway officer", by deleting
                          "person" and inserting instead --
                "
                          specified award employee (as defined in the
25                        Government Railways Act 1904 section 73)
                                                                                  ".
        (3)     Section 80N(2)(a) is amended by deleting "Minister for
                Railways" and inserting instead --
                " transport Minister       ".



     page 76
                                           Public Transport Authority Bill 2003
                                                     Other Acts          Part 8
             Government Railways Act 1904 and related provisions    Division 1
                                                                         s. 148



       (4)    Section 80O(7) is amended by deleting "Minister for Railways"
              and inserting instead --
              " transport Minister        ".
       (5)    The Act is amended by deleting "Railways Commission" in
5             each place where it occurs that is specified in the Table to this
              subsection and inserting instead --
              "    Public Transport Authority ".
                                          Table
                  s. 80M(1), in the definition of "head of branch" (in both
                     places)
                  s. 80M(1), in the definition of "railway officer"
                  s. 80M(1), in the definition of "salaried position"
                  s. 80M(1), in the definition of "sub-head of branch"
                  s. 80N(2)(b), (3), (5) (in both places), and (6)
                  s. 80O(5)(a) and (e)
                  s. 80R(2)(e) and (f)
                  s. 80S(1)
                  s. 80U(1), (2), and (3)
     148.     Jetties Act 1926 amended
10     (1)    The amendments in this section are to the Jetties Act 1926*.
              [* Reprinted as at 4 February 2000.]
       (2)    Section 5(1)(c) is amended by deleting "Commissioner of
              Railways" and inserting instead --
                     "
15                         Public Transport Authority of Western
                           Australia established by the Public Transport
                           Authority Act 2003 section 5
                                                                                   ".
     149.     Kalgoorlie-Parkeston Railway Act 1959 repealed
20            The Kalgoorlie-Parkeston Railway Act 1959 is repealed.



                                                                              page 77
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 150



     150.      Land Administration Act 1997 amended
        (1)    The amendments in this section are to the Land Administration
               Act 1997*.
               [* Reprinted as at 22 June 2001.
5                 For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 196.]
        (2)    Section 159(ba) is deleted.
        (3)    Section 160(1) is amended as follows:
                (a) by deleting paragraph (ba);
10              (b) by deleting paragraph (db) and inserting the following
                       paragraph instead --
                    "
                      (db) in the case of the Minister referred to in
                            section 159(db), to the Authority within the
15                          meaning of the Government Railways Act 1904
                            or to any officer of the Authority within the
                            meaning of that Act;
                                                                             ".

     151.      Liquor Licensing Act 1988 amended
20      (1)    The amendments in this section are to the Liquor Licensing
               Act 1988*.
               [* Reprinted as at 23 February 2001.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 211 and Act No. 23 of 2002.]
25      (2)    Section 6(1)(e) is amended by deleting "Commissioner of
               Railways" and inserting instead --
               "   Public Transport Authority of Western Australia   ".




     page 78
                                             Public Transport Authority Bill 2003
                                                       Other Acts          Part 8
               Government Railways Act 1904 and related provisions    Division 1
                                                                           s. 152



     152.         Railways (Access) Act 1998 amended
         (1)      The amendments in this section are to the Railways (Access)
                  Act 1998*.
                  [* Reprinted as at 12 October 2001.
5                    For subsequent amendments see Act No. 7 of 2002.]
         (2)      Section 3(1) is amended as follows:
                   (a) by inserting in its appropriate alphabetical position the
                         following definition --
                  "
10                            "Authority" means the Public Transport Authority
                                 of Western Australia established by the Public
                                 Transport Authority Act 2003 section 5;
                                                                                     ";
                      (b)    by deleting the definition of "Commission";
15                    (c)    in the definition of "Government railway" by deleting
                             "Commission" and inserting instead --
                             " Authority ".
         (3)      Section 24 is amended in the defined term "officer of the
                  Commission" by deleting "Commission" and inserting
20                instead --
                  "     Authority    ".
         (4)      Section 26 is amended by deleting "Commission" and inserting
                  instead --
                  "     Authority    ".
25       (5)      Section 27 is repealed and the following section is inserted
                  instead --
     "
            27.             Delegation
                  (1)       A person to whom the Authority, under the Public
30                          Transport Authority Act 2003 section 19, delegates a

                                                                              page 79
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 1     Government Railways Act 1904 and related provisions
     s. 153



                         function under this Act must be an officer of the
                         Authority.
               (2)       A function performed by the person in accordance with
                         the delegation is to be taken to have been performed by
5                        the Authority.
                                                                                   ".

     153.      State Superannuation (Transitional and Consequential
               Provisions) Act 2000 amended
        (1)    The amendments in this section are to the State Superannuation
10             (Transitional and Consequential Provisions) Act 2000*.
               [* Act No. 43 of 2000.]
        (2)    The Act is amended as follows:
                (a) by repealing section 47 if it has not come into operation
                     when this section comes into operation;
15              (b) in section 75, if it has not come into operation when this
                     section comes into operation, by deleting from the Table
                     to that section the item commencing "Government
                     Railways Act 1904".

     154.      Subiaco Redevelopment Act 1994 amended
20      (1)    The amendments in this section are to the Subiaco
               Redevelopment Act 1994*.
               [* Reprinted as at 25 February 2000.]
        (2)    Section 28(2)(d) and "and" after that paragraph are deleted and
               the following is inserted instead --
25                   "
                          (d)   the Public Transport Authority of Western
                                Australia, established by the Public Transport
                                Authority Act 2003 section 5, or its nominee;
                                and
30                                                                                 ".


     page 80
                                            Public Transport Authority Bill 2003
                                                       Other Acts         Part 8
      Metropolitan (Perth) Passenger Transport Trust Act 1957 and    Division 2
                                                related provisions
                                                                          s. 155


     155.    Weights and Measures Act 1915 amended
       (1)   The amendments in this section are to the Weights and
             Measures Act 1915*.
             [* Reprinted as at 14 May 1999.]
5      (2)   Section 8 is amended by deleting "Commissioner of Railways"
             and inserting instead --
             "
                   Public Transport Authority of Western Australia
                   established by the Public Transport Authority Act 2003
10                 section 5.
                                                                             ".

       Division 2 -- Metropolitan (Perth) Passenger Transport Trust
                    Act 1957 and related provisions
     156.    Metropolitan (Perth) Passenger Transport Trust Act 1957
15           repealed
             The Metropolitan (Perth) Passenger Transport Trust Act 1957
             is repealed.

     157.    Disposal of Uncollected Goods Act 1970 Schedule amended
       (1)   The amendment in this section is to the Disposal of Uncollected
20           Goods Act 1970*.
             [* Reprinted as at 14 January 2000.]
       (2)   The Schedule is amended by deleting the item relating to the
             Metropolitan (Perth) Passenger Transport Trust Act 1957.

     158.    State Superannuation (Transitional and Consequential
25           Provisions) Act 2000 amended
       (1)   The amendment in this section is to the State Superannuation
             (Transitional and Consequential Provisions) Act 2000*.
             [* Act No. 43 of 2000.]

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     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 3     Public Works Act 1902 and related provisions
     s. 159



        (2)    Section 55 is repealed if it has not come into operation when
               section 156 comes into operation.

        Division 3 -- Public Works Act 1902 and related provisions
     159.      Public Works Act 1902 amended
5              Except as otherwise stated, the amendments in this Division are
               to the Public Works Act 1902*.
               [* Reprinted as at 1 June 2001.]

     160.      Section 2 amended
               Section 2 is amended by inserting in its appropriate alphabetical
10             position the following definition --
               "
                         "Public Transport Authority" means the Public
                            Transport Authority of Western Australia
                            established by the Public Transport Authority
15                          Act 2003 section 5.
                                                                                   ".

     161.      Section 11 amended
               Section 11 is amended as follows:
                 (a) by deleting "subject as to railways" and inserting
20                    instead --
               "
                              except as to railways, in which case the
                              authorisation may be given to the Public
                              Transport Authority and is subject
25                                                                                 ";
                   (b)    by deleting "to such Minister" and inserting instead --
                          " given ".




     page 82
                                             Public Transport Authority Bill 2003
                                                       Other Acts          Part 8
                      Public Works Act 1902 and related provisions    Division 3
                                                                           s. 162



     162.   Section 83C amended
            Section 83C(3) and (4) are each amended by deleting "local
            government" and inserting instead --
            "    local authority   ".

5    163.   Section 113A amended
            Section 113A is amended as follows:
              (a) by deleting "Minister" before "causes" and inserting
                   instead --
            "
10                     Minister or the Public Transport Authority (the
                       "relevant person")
                                                                                ";
                (b)   by deleting "Minister" in both of the other places where
                      it occurs and inserting instead --
15                    " relevant person ".

     164.   Section 116 repealed
            Section 116 is repealed.

     165.   Section 120 amended
            Section 120 is amended by inserting after "Minister" --
20          "    , or as to railways by the Public Transport Authority,    ".




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     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 3     Public Works Act 1902 and related provisions
     s. 166



     166.      Various references to Minister amended
        (1)    The Act is amended by deleting "Minister" in each place where
               it occurs that is specified in the Table to this subsection and
               inserting instead --
5              "    Public Transport Authority ".
                                             Table
                   s. 99(1) and (2)
                   s. 100(3) (in both places)
                   s. 101(2)(a) and (b)
                   s. 102
                   s. 103(1), (2) (in both places), (3) (in both places)
                   s. 104
                   s. 106(1) (in both places)
                   s. 107
                   s. 108
                   s. 110
                   s. 111
        (2)    Section 99(2) is amended as follows:
                (a) by deleting "by him";
                (b) by deleting "he" and inserting instead --
10                    " it ".
        (3)    Section 100(3) is amended by deleting "he" and inserting
               instead --
               "    it    ".
        (4)    Section 107 is amended by deleting "his" and inserting
15             instead --
               "    its    ".
        (5)    Section 108 is amended by deleting "he" and inserting
               instead --
               "    it    ".


     page 84
                                          Public Transport Authority Bill 2003
                                                    Other Acts          Part 8
                   Public Works Act 1902 and related provisions    Division 3
                                                                        s. 167



     167.    Land Administration Act 1997 amended
       (1)   The amendments in this section are to the Land Administration
             Act 1997*.
             [* Reprinted as at 22 June 2001.
5               For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 196.]
       (2)   Section 183(1) is amended by deleting "the Minister is
             empowered under the special Act or the Public Works Act 1902
             to do" and inserting instead --
10           "
                  under the special Act or the Public Works Act 1902 is
                  authorised to be done
                                                                           ".

     168.    Soil and Land Conservation Act 1945 amended
15     (1)   The amendment in this section is to the Soil and Land
             Conservation Act 1945*.
             [* Reprinted as at 12 August 1997.
                For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 346.]
20     (2)   Section 4 is amended in the definition of "Public Authority" by
             inserting after paragraph (c) the following paragraph --
                    "
                        (ca)   the Public Transport Authority of Western
                               Australia established by the Public
25                             Transport Authority Act 2003 section 5;
                                                                           ".




                                                                      page 85
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 4     Rail Freight System Act 2000
     s. 169



                  Division 4 -- Rail Freight System Act 2000
     169.      The Act amended
               The amendments in this Division are to the Rail Freight System
               Act 2000*.
5              [* Act No. 13 of 2000.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 313.]

     170.      Long title amended
               The long title is amended as follows:
10              (a) by deleting "rail freight business of the Western
                      Australian Government Railways Commission" and
                      inserting instead --
                      " State rail freight business ";
                (b) by deleting "creation of a State agency that is a body
15                    corporate to manage" and inserting instead --
                      " management of ".

     171.      Section 3 amended
               Section 3 is amended as follows:
                 (a) in the definition of "Commission", by deleting the
20                    defined term "Commission" and inserting instead --
                      " Authority ";
                (b) in the definition of "Commission's rail freight
                      business" --
                             (i) by deleting the defined term "Commission's
25                               rail freight business" and inserting instead --
                                 " Authority's rail freight business "; and
                            (ii) by deleting "Commission" in both of the other
                                 places where it occurs and inserting instead --
                                 " Authority ".


     page 86
                                              Public Transport Authority Bill 2003
                                                        Other Acts          Part 8
                                      Rail Freight System Act 2000     Division 4
                                                                            s. 172



     172.    Section 4 amended
             Section 4 is amended by deleting "the Minister for Western
             Australian Government Railways established under section 4 of
             the Government Railways Act 1904, the Commission" and
5            inserting instead --
             " the Authority     ".

     173.    Section 8 amended
       (1)   Section 8(4) is amended by deleting "each of the Commission
             and the Rail Corridor Minister" and inserting instead --
10           " the Authority     ".
       (2)   Section 8(7) is repealed.

     174.    Section 17 repealed
             Section 17 is repealed.

     175.    Section 31 amended
15           Section 31 is amended as follows:
               (a) by deleting the definitions of "Act Minister" and "Rail
                    Corridor Minister";
              (b) by deleting the definition of "government railway land"
                    and inserting instead the following definition --
20                "
                       "Authority land" means --
                         (a) land that is, or is part of, a "Government
                              railway" as defined in section 2 of the
                              Government Railways Act 1904; or
25                       (b) other land that is used by or under the
                              control of the Authority.
                                                                               ".




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     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 4     Rail Freight System Act 2000
     s. 176



     176.         Section 32 replaced
                  Section 32 is repealed and the following section is inserted
                  instead --
     "
5           32.         Ancillary powers of Authority for purposes of
                        this Act
                        The Authority may do anything necessary for, or
                        incidental to, the performance of its functions under
                        this Act.
10                                                                                  ".

     177.         Section 33 replaced
                  Section 33 is repealed and the following section is inserted
                  instead --
     "
15          33.         Guidelines
                  (1)   The Minister may give the Authority written guidelines
                        about how it is to perform its functions under this Part.
                  (2)   In performing its functions under this Part, the
                        Authority is required to have regard to any relevant
20                      guidelines given to it under subsection (1) by the
                        Minister.
                  (3)   This section does not limit the directions that the
                        Minister may give the Authority under the Public
                        Transport Authority Act 2003 section 27 or the effect
25                      of a direction under that section.
                                                                                    ".




     page 88
                                                Public Transport Authority Bill 2003
                                                          Other Acts          Part 8
                                        Rail Freight System Act 2000     Division 4
                                                                              s. 178



     178.         Section 34 replaced
                  Section 34 is repealed and the following section is inserted
                  instead --
     "
5           34.         Designating Authority land as corridor land or land
                        other than corridor land
                        The Minister may, by order notice of which is
                        published in the Gazette, designate Authority land
                        identified by the order as corridor land or land other
10                      than corridor land.
                                                                                  ".

     179.         Section 35 amended
                  Section 35 is amended in both places in subsection (1) and in
                  subsection (2) by deleting "Act Minister" and inserting
15                instead --
                  "   Minister   ".

     180.         Section 36 replaced
                  Section 36 is repealed and the following section is inserted
                  instead --
20   "
            36.         Additional land for corridor land
                        If the State makes any land that is not Authority land
                        available to be corridor land, the Minister may, by
                        order notice of which is published in the Gazette,
25                      designate the land as corridor land.
                                                                                  ".




                                                                             page 89
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 4     Rail Freight System Act 2000
     s. 181



     181.      Section 39 amended
        (1)    Section 39(2) is amended by deleting "Rail Corridor Minister or
               by the Act Minister." and inserting instead --
               "   Minister or not.   ".
5       (2)    Section 39(4)(a) and (b) are each amended by deleting "the Rail
               Corridor Minister,".

     182.      Section 41 amended
        (1)    Section 41(1) is amended by deleting "The person making an
               order under this Division" and inserting instead --
10             "   After making an order under this Division, the Minister        ".
        (2)    Section 41(3) is repealed.
        (3)    Section 41(5) is amended by deleting "signed by the Rail
               Corridor Minister" and inserting instead --
               "   signed by the chief executive officer of the Authority    ".

15   183.      Section 42 amended
        (1)    Section 42(4) is amended by deleting "the Act Minister or ".
        (2)    Section 42(5)(b) is amended by deleting "Rail Corridor
               Minister," and inserting instead --
                      "
20                          Minister responsible for the administration of
                            this Act,
                                                                                   ".
     184.      Section 44 amended
               Section 44 is amended by deleting "The Commission or any"
25             and inserting instead --
               "   Any   ".



     page 90
                                                 Public Transport Authority Bill 2003
                                                           Other Acts          Part 8
                                         Rail Freight System Act 2000     Division 4
                                                                               s. 185



     185.        Section 46 amended
       (1)       Section 46(1) is amended by deleting "Corridor land" and
                 inserting instead --
                 "     Except as stated in subsection (3), corridor land   ".
5      (2)       After section 46(2), the following subsection is inserted --
             "
                 (3)     Subsection (1) does not exempt corridor land from a
                         rate under the Local Government Act 1995 to the extent
                         that, under that Act, the land is rateable in the hands of
10                       a lessee or tenant who holds a lease or other form of
                         tenancy over the land other than for the purposes of
                         facilitating the use of corridor land for the carriage of
                         freight by rail.
                                                                                      ".

15   186.        Section 49 amended
                 Section 49(1) is amended by deleting "The Rail Corridor
                 Minister may, by a signed instrument of delegation," and
                 inserting instead --
                 "
20                       The Authority may, by an instrument of delegation
                         signed by its chief executive officer,
                                                                                      ".

     187.        Various references to Rail Corridor Minister amended
                 The Act is amended by deleting "Rail Corridor Minister" in
25               each place where it occurs that is specified in the Table to this
                 subsection and inserting instead --
                 "     Minister   ".
                                            Table
                     s. 37(1)
                     s. 39(1)


                                                                                page 91
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 4     Rail Freight System Act 2000
     s. 188



     188.      More references to Rail Corridor Minister amended
               The Act is amended by deleting "Rail Corridor Minister" in
               each place where it occurs that is specified in the Table to this
               subsection and inserting instead --
5              "    Authority      ".
                                              Table
                   s. 42(1), (3) (in both places), (4) (in both places), (5) (in the
                       first place), (6) (in both places)
                   s. 43
                   s. 44 (in both places)
                   s. 47(1) (in both places) and (2)
                   s. 48(2)(a) and (b) (in 3 places) and (3) (in both places)
                   s. 49(1)(b)
                   s. 51
                   s. 53(1) and (2)
                   s. 55(1)
                   s. 56(1), (2), and (5)
                   s. 57

     189.      Various references to Commission amended
        (1)    The Act is amended by deleting "Commission" in each place
               where it occurs that is specified in the Table to this subsection
10             and inserting instead --
               "    Authority      ".
                                              Table
                   s. 16(1), (2) (in 4 places), (3), (4), and (5)
                   s. 22 (in the definition of "assignee")
                   s. 23(1)(c) and (d)
                   s. 24(1)(a)(iii), (b), (c), and (d)
                   s. 25
                   s. 27
                   s. 28(1)
                   s. 29(3)(a) and (b)
                   s. 35(1)
                   s. 39(4)(a) and (b)

     page 92
                                              Public Transport Authority Bill 2003
                                                         Other Acts         Part 8
                                   Transport Co-ordination Act 1966    Division 5
                                                                            s. 190



                 s. 41(1)
                 s. 42(4)
       (2)   The Act is amended by deleting "Commission's" in each place
             where it occurs that is specified in the Table to this subsection
             and inserting instead --
             "    Authority's     ".
5                                        Table
                 s. 11(1) and (2)(a)
                 s. 26(1)

             Division 5 -- Transport Co-ordination Act 1966
     190.    The Act amended
             The amendments in this Division are to the Transport
             Co-ordination Act 1966*.
10           [* Reprinted as at 11 May 2001.
                For subsequent amendments see Acts Nos. 7, 20 and 29 of
                2002 .]

     191.    Long title amended
             The long title is amended as follows:
15            (a) by deleting "in certain circumstances to provide or to
                    arrange for the provision of certain forms of public
                    transport,";
              (b) by deleting "and to provide for the licensing of certain
                    persons who carry on the business of selling petroleum
20                  products".




                                                                          page 93
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 5     Transport Co-ordination Act 1966
     s. 192



     192.         Section 10 inserted
                  After section 9, the following section is inserted --
     "
            10.         Power to borrow
5                 (1)   The Minister may borrow money upon the guarantee of
                        the Treasurer of the State for the purposes of --
                          (a) providing premises and other facilities under
                               this Act;
                          (b) carrying out the Minister's functions under this
10                             Act; or
                          (c) enabling the Director General's functions under
                               this Division to be performed.
                  (2)   The Minister may borrow money with the prior
                        approval in writing of the Treasurer, but not otherwise,
15                      and any borrowing is to be upon terms and conditions
                        that the Treasurer approves.
                  (3)   This section authorises the Treasurer, for and on behalf
                        of the State, to give any approval or guarantee that this
                        section requires and the guarantee may include the
20                      guarantee of interest.
                  (4)   Any money borrowed by the Minister under this
                        section may be raised as one loan or as several loans
                        and in any manner that the Treasurer may approve, but
                        the amount of money borrowed in any one year cannot
25                      exceed, in the aggregate, an amount that the Treasurer
                        approves.
                  (5)   Before a guarantee is given by the Treasurer under this
                        section, the Minister must give to the Treasurer any
                        security that the Treasurer requires and execute any
30                      instruments necessary for giving that security.
                  (6)   Money borrowed under this section can only be used
                        for a purpose referred to in subsection (1).

     page 94
                                           Public Transport Authority Bill 2003
                                                     Other Acts          Part 8
                                            Other Acts repealed     Division 6
                                                                         s. 193



            (7)     The due payment of money payable by the Treasurer
                    under a guarantee under this section is to be charged to
                    and paid out of the Consolidated Fund, and this
                    subsection appropriates that fund accordingly.
5                                                                              ".

     193.   Section 15B amended
            Section 15B(2)(j) is amended by inserting after "1984" --
            "     and the Public Transport Authority Act 2003 ".

     194.   Section 16 amended
10          Section 16(5) is repealed.

     195.   Part II Division 4 repealed
            Part II Division 4 is repealed.

     196.   Section 60 amended
            Section 60(2a) and (2b) are repealed.

15   197.   Section 62B repealed
            Section 62B is repealed.

                      Division 6 -- Other Acts repealed
     198.   Midland Railway Act 1919
            The Midland Railway Act 1919 is repealed.

20   199.   The Midland Railway Company of Western Australia Limited
            Acquisition Agreement Act 1963
            The Midland Railway Company of Western Australia Limited
            Acquisition Agreement Act 1963 is repealed.

     200.   Perth Regional Railway Act 1972
25          The Perth Regional Railway Act 1972 is repealed.

                                                                        page 95
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 7     Acts requiring minor changes
     s. 201



     201.      The Guildford-Greenough Flats Railway Act 1886
               The Guildford-Greenough Flats Railway Act 1886 is repealed.

                   Division 7 -- Acts requiring minor changes
     202.      Constitution Acts Amendment Act 1899 Schedule V amended
5       (1)    The amendments in this section are to the Constitution Acts
               Amendment Act 1899*.
               [* Reprinted as at 8 June 2001.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 72, and Acts Nos. 24, 25 of
10                2001 and 5, 20 and 30 of 2002 .]
        (2)    Schedule V Part 3 is amended as follows:
                   (a)     by deleting the item commencing "The Metropolitan
                           (Perth) Passenger Transport Trust";
                   (b)     by deleting the item commencing "The Western
15                         Australian Government Railways Commission";
                   (c)     by inserting before the item commencing "The Queen
                           Elizabeth II Medical Centre Trust" the following
                           item --
                   "
20                       The Public Transport Authority of Western Australia
                              established by the Public Transport Authority Act 2003.
                                                                                        ".

     203.      Disposal of Uncollected Goods Act 1970 Schedule amended
        (1)    The amendment in this section is to the Disposal of Uncollected
25             Goods Act 1970*.
               [* Reprinted as at 14 January 2000.]
        (2)    The Schedule is amended by inserting after the item relating to
               the Police Act 1892 the following item --
               "       Public Transport Authority Act 2003.   ".

     page 96
                                               Public Transport Authority Bill 2003
                                                         Other Acts          Part 8
                                       Acts requiring minor changes     Division 7
                                                                             s. 204



     204.    Financial Administration and Audit Act 1985 Schedule 1
             amended
       (1)   The amendments in this section are to the Financial
             Administration and Audit Act 1985*.
5            [* Reprinted as at 16 September 2002.
                For subsequent amendments see Acts Nos. 30 and 38 of
                2002.]
       (2)   Schedule 1 is amended as follows:
              (a) by deleting "Metropolitan (Perth) Passenger Transport
10                  Trust";
              (b) by deleting "The Western Australian Government
                    Railways Commission";
              (c) by inserting in the appropriate alphabetical position the
                    following item --
15                      "   Public Transport Authority of Western Australia   ".

     205.    Forrest Place and City Station Development Act 1985
             amended
       (1)   The amendments in this section are to the Forrest Place and
             City Station Development Act 1985*.
20           [* Reprinted as at 14 September 2001.]
       (2)   Section 3 is amended as follows:
              (a) by inserting before the definition of "the City" the
                    following definition --
                    "
25                          "the Authority" means the Public Transport
                                Authority of Western Australia established by
                                the Public Transport Authority Act 2003;
                                                                                 ";
              (b)       by deleting the semicolon at the end of the definition of
30                      "the City" and inserting a full stop instead;


                                                                              page 97
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 7     Acts requiring minor changes
     s. 205



                     (c)    by deleting the definition of the "Commission".
         (3)     Section 6(2) is amended by deleting "the City, the Commission
                 and the Minister for Western Australian Government Railways"
                 and inserting instead --
5                " the City and the Authority ".
         (4)     Section 6(3) is amended by inserting after "1985" --
                 "
                           except that, before the commencement of the Public
                           Transport Authority Act 2003 section 205, that effect is
10                         to be as if the reference in subsection (2) to the
                           Authority were a reference to the Commission and the
                           Minister for Western Australian Government Railways,
                           within the meaning that those terms had before that
                           commencement
15                                                                                    ".
         (5)     Section 19 is repealed and the following section is inserted
                 instead --
     "
           19.             Power of Authority relating to leases and easements
20               (1)       The Minister to whom the administration of the Public
                           Transport Authority Act 2003 is for the time being
                           committed by the Governor may approve of the
                           Authority granting under that Act a lease of land in
                           implementation of the agreements that, despite
25                         section 15(6) of that Act, is for a period exceeding
                           50 years.
                 (2)       The powers conferred on the Authority by the Public
                           Transport Authority Act 2003 include, in respect of
                           land below the air space referred to in section 16(1),
30                         power to grant an easement of support and an easement
                           of support granted by the Authority over that land is
                           not revocable by the Authority.
                                                                                      ".

     page 98
                                                Public Transport Authority Bill 2003
                                                          Other Acts          Part 8
                                        Acts requiring minor changes     Division 7
                                                                              s. 206



     206.         Protective Custody Act 2000 amended
       (1)        The amendments in this section are to the Protective Custody
                  Act 2000*.
                  [* Act No. 50 of 2000.]
5      (2)        Section 3 is amended in the definition of "authorized officer" by
                  deleting "community officer or a police officer;" and inserting
                  instead --
            "
                            community officer, a police officer, or a security
10                          officer as defined in the Public Transport
                            Authority Act 2003 section 3;
                                                                                     ".

       (3)        After section 5(1) the following subsection is inserted --
15           "
                 (1a)   The power given by subsection (1) to an authorised
                        officer who is a security officer as defined in the Public
                        Transport Authority Act 2003 section 3 applies only if
                        the public place is Authority property as defined in that
20                      Act.
                                                                                     ".
       (4)        After section 6(1) the following subsection is inserted --
             "
                 (1a)   The power given by subsection (1) to an authorised
25                      officer who is a security officer as defined in the Public
                        Transport Authority Act 2003 section 3 applies only if
                        the person to be apprehended is in or on Authority
                        property as defined in that Act.
                                                                                     ".




                                                                              page 99
     Public Transport Authority Bill 2003
     Part 8         Other Acts
     Division 7     Acts requiring minor changes
     s. 207



     207.         Public Sector Management Act 1994 Schedule 2 amended
        (1)       The amendments in this section are to the Public Sector
                  Management Act 1994*.
                  [* Reprinted as at 9 February 2001.
5                    For subsequent amendments see Acts Nos. 24 of 2001 and
                     20 of 2002.]
        (2)       Schedule 2 is amended as follows:
                   (a) by deleting items 28 and 53;
                   (b) by inserting after item 37B the following item --
10            "
                    38    Public Transport Authority of Western Australia, established
                          by the Public Transport Authority Act 2003
                                                                                    ".

     208.         Statutory Corporations (Liability of Directors) Act 1996
15                Schedule 1 amended
        (1)       The amendments in this section are to the Statutory
                  Corporations (Liability of Directors) Act 1996*.
                  [* Reprinted as at 10 August 2001.
                     For subsequent amendments see Acts Nos. 25 of 2001 and
20                   30 of 2002 .]
        (2)       Schedule 1 is amended as follows:
                   (a) by deleting the item relating to the "Metropolitan (Perth)
                         Passenger Transport Trust";
                   (b) by deleting the item relating to the "Western Australian
25                       Government Railways Commission".

     209.         Weapons Act 1999 amended
        (1)       The amendments in this section are to the Weapons Act 1999*.
                  [* Act No. 18 of 1999.]



     page 100
                                        Public Transport Authority Bill 2003
                                                  Other Acts          Part 8
                                Acts requiring minor changes     Division 7
                                                                      s. 209



     (2)   Section 10(1) is amended as follows:
            (a) by deleting "or" after paragraph (c);
            (b) by deleting the full stop at the end of paragraph (d) and
                  inserting instead a semicolon;
5           (c) by inserting after paragraph (d) the following --
                  "
                        or
                  (e)   a security officer as defined in the Public
                        Transport Authority Act 2003 section 3.
10                                                                          ".




                                                                      page 101
Public Transport Authority Bill 2003



Defined Terms




                                            Defined Terms
            [This is a list of terms defined and the provisions where they are defined.
                                   The list is not part of the law.]
      Defined Term                                                                                         Provision(s)

      acceptable contract .....................................................................................53(4)
      acquire .......................................................................................................13(5)
      asset ....................................................................................................71, 79, 86
      authorised person ............................................................................................. 3
      Authority.......................................................................................................... 3
      Authority property............................................................................................ 3
      business concern ........................................................................................13(5)
      chief executive officer ...................................................................................... 3
      commencement time................................................................................. 79, 86
      Crown land ...................................................................................................... 3
      dangerous article ........................................................................................60(1)
      dispose of...................................................................................................13(5)
      document ...................................................................................................28(4)
      employing authority..................................................................................55(10)
      former body.................................................................................................... 79
      former holder ................................................................................................. 71
      former order ................................................................................................... 94
      information ................................................................................................28(4)
      latest draft plan...........................................................................................20(5)
      liability................................................................................................71, 79, 86
      Minister .....................................................................................................91(1)
      Minister for Western Australian Government Railways ................................... 79
      new owner .................................................................................................40(1)
      operational plan................................................................................................ 3
      participate in ..............................................................................................13(5)
      person employed by the Authority ..............................................................56(3)
      person requested.........................................................................................55(3)
      personal details...........................................................................................57(3)
      prescribed....................................................................................................... 43
      prescribed means of public passenger transport ................................................. 3
      prescribed period........................................................................................64(5)
      property.......................................................................................................... 71
      public............................................................................................................... 3
      public passenger transport service..................................................................... 3
      Rail Corridor Minister .................................................................................... 86
      relevant financial year ................................................................................20(2)
      relevant instrument.....................................................................................15(2)

page 102
                                                          Public Transport Authority Bill 2003



                                                                                               Defined Terms



relevant official ..................................................................... 75(3), 83(3), 89(3)
relevant property ................................................................... 75(3), 83(3), 89(3)
right ....................................................................................................71, 79, 86
security officer ................................................................................................. 3
State tax .....................................................................................................92(1)
The Western Australian Government Railways Commission ........................... 79
third party ..................................................................................................40(1)
train ................................................................................................................. 3
transfer time ................................................................................................... 71
Transport Co-ordination Ministerial Body....................................................... 71
Treasurer.......................................................................................................... 3
Trust ..........................................................................................................91(1)
unclaimed property.....................................................................................64(5)
water charge...............................................................................................50(2)




 


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