New South Wales: Passenger Transport Act 1990 (NSW)

Passenger Transport Act 1990 No 39 An Act to regulate public transport services; to repeal the Transport Licensing Act 1931 and certain other enactments; and for other purposes. Part 1 Preliminary 1 Name of Act This Act may be cited as the Passenger Transport Act 1990. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— accredited service operator, in relation to a public passenger service, means a person accredited under Division 1 of Part 2 for a service of that kind (or for services that include such a service). authorised officer means an authorised officer appointed under section 46W or a police officer. Board of Inquiry means a Board of Inquiry constituted by the Minister under section 46BC. bus means a motor vehicle which seats more than 8 adult persons, and includes a vehicle of any class prescribed by the regulations for the purposes of this definition. bus safety work means any of the following classes of work— (a) work relating to the driving or other operation of a bus, the loading or disembarking of passengers from a bus or the movement of buses, (b) work relating to the repair, maintenance or upgrading of buses, bus terminals or bus maintenance facilities, (c) work involving the development, management or monitoring of safe working systems for public passenger services carried on by means of buses, (d) any other work that is prescribed by the regulations as bus safety work. bus service contract region means a region declared (and as varied from time to time) by TfNSW under section 28EA. charter service means a public passenger service in which a bus or ferry or another vehicle prescribed by the regulations, and the services of a driver of the vehicle, are pre-booked for hire to take passengers for an agreed fee, but only if, according to the terms of the hire— (a) the hirer is entitled to determine the route for the journey and the time of travel, and (b) all passengers' journeys have a common origin or a common destination, or both, and (c) individual fares are not payable by the passengers (either to the operator of the service or to the driver of the vehicle), and (d) service is not provided according to regular routes and timetables. Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the Transport Administration Act 1988. corporation means any incorporated body of the kind referred to in section 5A (1) (c). driver means a person who drives any public passenger vehicle (or, where the vehicle is a vessel, means the master for the time being of the vessel). emergency route means a route determined under section 28H. ferry means a vessel which seats more than 8 adult persons, and includes a vessel of any class prescribed by the regulations for the purposes of this definition. ferry safety work means any of the following classes of work— (a) work relating to the driving or other operation of a ferry (including, but not limited to, the course, propulsion or berthing of a ferry), the loading or disembarking of passengers from a ferry or the movement of ferries, (b) work relating to the repair, maintenance or upgrading of ferries, ferry terminals, ferry wharves or ferry maintenance facilities, (c) work involving the development, management or monitoring of safe working systems for public passenger services carried on by means of ferries, (d) any other work that is prescribed by the regulations as ferry safety work. ferry service contract—see section 16AA. holder, in relation to a service contract, means the person who (apart from TfNSW) is a party to the contract. long-distance service means a public passenger service conducted according to one or more regular routes, in which each passenger is carried for a distance of not less than 40 kilometres. passenger does not include the driver of a public passenger vehicle (or, where the vehicle is a vessel, the master or crew of the vessel). previous offender, in relation to the maximum penalty for an offence, means a person who has, at any time before being sentenced for that offence, been convicted of an offence of any kind against this Act or the regulations. public passenger service means the carriage of passengers for a fare or other consideration (other than a passenger service under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016)— (a) by motor vehicle (other than a light rail vehicle) along a road or road related area, or along the whole or part of a transitway route, or (b) by vessel within any New South Wales waterway. public passenger vehicle means— (a) a bus used to provide a public passenger service, or (b) a ferry used to provide a regular passenger service, or (c) (Repealed) (d) a vehicle declared by a regulation under section 6 to be a public passenger vehicle. rail passenger service means the carriage of passengers for a fare or other consideration by rail, but does not include any rail passenger service of a class prescribed for the purposes of this definition. rail services contract means a contract entered into under section 28K. railway has the same meaning as it has in the Rail Safety National Law (NSW), but does not include a railway to which that Law does not apply. railway operations has the same meaning as it has in the Rail Safety National Law (NSW), but does not include anything to which that Law does not apply. railway premises has the same meaning as in the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia, but does not include any railway premises to which that Law does not apply. regular bus service means any regular passenger service conducted by bus (including any transitway service). regular ferry service means any regular passenger service conducted by ferry, but does not include any service of a class prescribed for the purposes of this definition. regular passenger service means a public passenger service conducted according to regular routes and timetables, but does not include a tourist service or a long-distance service. road means a road within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). road related area means a road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). service contract means a contract entered into under Part 3. service levels means— (a) the periods of time during which services are to be operated, and (b) the frequency and extent of operation of services during any specified period of time. smartcard means an authority to travel on a passenger transport vehicle or train that is of a type prescribed by the regulations. smartcard reader means a device of a type prescribed by the regulations that is designed to enable the reading of information recorded on a smartcard. strategic transport corridor means a transport corridor declared (and as varied from time to time) by TfNSW under section 28EB. tourist service means a public passenger service provided by a bus or ferry or another vehicle prescribed by the regulations, being— (a) a pre-booked service designed for the carriage of tourists to destinations listed on a publicly available tour itinerary, or (b) a service designed for the carriage of tourists where all passengers' journeys have a common origin or a common destination, or both. train has the same meaning as in the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia, but does not include any train to which that Law does not apply. transitway route means a route determined (and as varied from time to time) under Subdivision 3 of Division 3 of Part 3, other than an emergency route. transitway service means a regular passenger service conducted by bus by means of a transitway route or emergency route, or one or more parts of any such route. Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988. transport safety employee means— (a) an employee or a contractor of an accredited service operator, or of an operator of a public passenger service carried on by means of a ferry, who performs transport safety work, or (b) a person who, without remuneration or reward, voluntarily and without obligation performs transport safety work for an accredited service operator, or an operator of a public passenger service carried on by means of a ferry, or (c) an individual who is an accredited service operator, or an operator of a public passenger service carried on by means of a ferry, and who performs transport safety work. transport safety inquiry has the same meaning that it has in section 46BC. transport safety investigation means an investigation under section 46BA. transport safety investigator means a transport safety investigator appointed under Schedule 6. transport safety work means bus safety work or ferry safety work, as the case requires. vehicle includes a vessel. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (1A) A reference in this Act to a train or to railway premises includes a reference to any vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service. (2) Notes in the text of this Act do not form part of this Act. 4 Objects The objects of this Act are— (a) to require the accreditation or authorisation, by TfNSW, of the operators of and drivers involved in public passenger services (other than ferry services), and (b) to dispense with the licensing of ferries and buses used to provide a public passenger service, providing instead for— (i) ferry and bus services to be operated under fixed-term contracts entered into between TfNSW and operators, and (ii) deregulation of long-distance and tourist services, and (iii) regulation of government and non-government buses and ferries on a more equal basis, and (c) to encourage the provision of school bus services on a more commercial basis, without disregarding the reasonable expectations of traditional service operators, and (d) to provide for rail services contracts between RailCorp, Sydney Metro, Sydney Trains, NSW Trains and TfNSW, and (e) to encourage public passenger services that meet the reasonable expectations of the community for safe, reliable and efficient passenger transport services, and (f) to encourage co-ordination of public transport services. 5 Crown bound by Act (1) This Act binds the Crown not only in right of New South Wales but also, in so far as the legislative power of Parliament permits, in all its other capacities. (2) In particular, this Act, in so far as it applies to public passenger services, applies to any such services carried on by Sydney Ferries, Sydney Metro, Sydney Trains, NSW Trains, the State Transit Authority and Rail Corporation New South Wales. 5A Persons who may be accredited (1) For the purposes of this Act, the following are eligible to be accredited to carry on a public passenger service— (a) a single individual, (b) two or more individuals carrying or proposing to carry on the service jointly under a partnership or other agreement or arrangement, (c) a body incorporated by or under the law of this or any other jurisdiction (including the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 or the Co-operatives National Law (NSW)). (2) If 2 or more individuals are jointly accredited and any one of them dies or ceases to jointly carry on the service— (a) the accreditation is automatically suspended on the expiration of 21 days after the death or cessation if TfNSW has not been notified before that time of the death or cessation, and (b) the accreditation may be cancelled, suspended or varied under this Act because of the death or cessation (whether before or after any such notification). (3) If 2 or more individuals are jointly accredited to carry on a public passenger service, each of those individuals has the obligations imposed on accredited operators of any such service under this Act. 6 Other public passenger vehicles (1) The regulations may declare that any specified class of vehicles, being vehicles used for the carriage of passengers for hire or for any consideration or in the course of any trade or business, are to be taken to be public passenger vehicles for the purposes of this Act. (2) The regulations may apply all or any of the provisions of this Act (with or without modification) to any such class of vehicles. 6A, 6B (Repealed) Part 2 Credentials of operators and drivers Division 1 Accreditation of operators 7 Accreditation (1) A person who carries on a public passenger service by means of a bus or other vehicle (other than a vessel), being a service operating within, or partly within, New South Wales, is guilty of an offence unless the person is an accredited service operator for that service. Maximum penalty—1,000 penalty units. (2) The purpose of accreditation under this Division is to attest— (a) that the accredited person is (or, in the case of an accredited corporation, the designated directors and managers of the corporation are) considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a public passenger service, and (b) that the accredited person has demonstrated the capacity to meet the government's standards of— (i) financial viability, and (ii) safety of passengers and the public, and (iii) vehicle maintenance, to the degree and in the manner required in respect of services of the kind specified in the accreditation. (3) Standards for the purposes of subsection (2) (b)— (a) may be prescribed by the regulations, or (b) to the extent that they are not so prescribed, may be determined and published by TfNSW and made available to interested persons. (3A) Different standards for the purposes of subsection (2) (b) may be prescribed or determined under subsection (3) for different classes of public passenger services and different classes of operators of public passenger services. (4) Any person wishing to obtain from TfNSW a copy of a standard published under subsection (3) (b) must pay the fee (if any) prescribed by the regulations. (5) Standards published under subsection (3) (b) may be re-determined by TfNSW from time to time, and are to be re-published and made available as occasion requires. 8 Procedure for accreditation (1) Having regard to the purpose of accreditation, TfNSW may accredit persons applying for accreditation. (2) For the purposes of this section— (a) a corporation may nominate, and TfNSW may accept the nomination of, any number of its directors and managers, and (b) further nominations may be made and accepted from time to time, and (c) a person so nominated becomes a designated director or manager, as referred to in section 7 (2) (a), only when TfNSW certifies acceptance of the nomination. (3) Procedures for the purposes of this section may be settled by TfNSW, subject to any provision in that behalf made by the regulations. 9 Style of accreditation (1) Particulars of accreditation are to be given in writing by TfNSW to the accredited person. (2) An accreditation may be given so as to be general or limited, that is to say— (a) appropriate for all public passenger services to which this Part applies, or (b) appropriate only for the service or services designated in the accreditation, or for a service or services having the scope or characteristics so designated. 9A Issue and renewal of accreditation (1) An accreditation, unless sooner suspended or cancelled, remains in force for a period determined by TfNSW and specified in the particulars of accreditation, but is renewable from time to time on payment of the fee (if any) fixed under section 15 for the renewal. (2) Procedures for renewal may be settled by TfNSW, subject to any provision in that behalf made by the regulations. 9B Conditions of accreditation (1) An accreditation is subject to— (a) the conditions prescribed by the regulations, and (b) such additional conditions as TfNSW, having regard to the purpose of accreditation, may from time to time impose on the accreditation. (2) Conditions in force under subsection (1) (b) may be varied (whether by amendment, addition, revocation or suspension of one or more conditions) by TfNSW from time to time by notice served on the accredited person. (2A) Without limiting subsection (1) (a), the regulations may prescribe conditions of accreditation relating to the reporting of occurrences of a specified kind to TfNSW. (3) An accredited service operator who contravenes or fails to comply with a condition of the operator's accreditation is guilty of an offence. Maximum penalty—500 penalty units. (4) A variation of conditions imposed on an accreditation by TfNSW under subsection (1) (b) is, for the purposes of Division 3 of Part 5 (Administrative reviews by Civil and Administrative Tribunal), a variation of the accreditation. 9C Accreditation conditions relating to drug and alcohol programs and testing (1) Without limiting section 9B, it is a condition of an accreditation of an accredited service operator that carries on a public passenger service by means of a bus— (a) that the operator prepare and implement a drug and alcohol program for its transport safety employees that complies with guidelines approved by TfNSW for the purposes of this section and published in the Gazette, and (b) that the operator ensure that all transport safety employees employed, or contracted, by the operator to perform transport safety work are not under the influence of alcohol or any other drug when about to carry out, or while on duty for the purposes of carrying out (whether or not carrying out), transport safety work. (2) The drug and alcohol program is to include any matters required to be included by the guidelines approved by TfNSW for the purposes of this section. (3) Without limiting subsection (1) (a), the guidelines are to include provisions for or with respect to the following— (a) protocols for fair procedures, (b) education and assistance of transport safety employees. (4) TfNSW may at any time arrange with accredited service operators for the random testing of any person on duty for the purposes of carrying out transport safety work for the presence of alcohol or any other drug to ensure that the accredited service operators are complying with the conditions imposed by this section. (5) Nothing in this Act or the regulations derogates from the operation of Division 4 of Part 2 of Schedule 3 to the Road Transport Act 2013 or Part 3 of and Schedule 1 to the Marine Safety Act 1998. (6) Schedule 5 has effect. (7) For the purposes of this section, a transport safety employee is to be regarded as being about to carry out transport safety work if the employee— (a) has left home or a temporary residence for work (being transport safety work), and (b) has not commenced work after having so left home or the temporary residence. (8) (Repealed) 9D Safety management systems for bus services (1) Without limiting section 9B, it is a condition of an accreditation of an accredited service operator that carries on a public passenger service by means of a bus that the operator has, and implements, a safety management system that complies with the requirements of this section. (2) The safety management system must be documented and must— (a) identify any significant risks that have arisen or may arise from providing the service, including carrying out any associated transport safety work, and (b) specify the controls (including audits, expertise, resources and staff) that are to be employed by the operator to manage the risks and to monitor safety outcomes in relation to the provision of the service, and (c) comply with any requirements prescribed by the regulations or set out in any guidelines issued by TfNSW under this section and published in the Gazette. Editorial note— For guidelines under this subsection, see Gazette No 142 of 25.11.2005, p 9811. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality. (3) TfNSW may issue guidelines with respect to policy objectives and safety initiatives to be adopted by accredited service operators in safety management systems. (4) An accredited service operator must, if directed to do so by TfNSW, vary a safety management system. (5) An accredited service operator who fails to comply with the condition of accreditation referred to in subsection (1) is guilty of an offence. Maximum penalty—1,000 penalty units. (6) (Repealed) 10 Variation, suspension or cancellation of accreditation (1) Having regard to the purpose of accreditation, TfNSW may at any time vary, suspend or cancel any person's accreditation. (2) The accreditation of a corporation is automatically cancelled when there is no designated director or manager for the purposes of section 7 (2) (a). Division 2 Drivers' authorities 11 Authorities (1) A person who drives a public passenger vehicle (other than a ferry) is guilty of an offence unless the person is the holder of an appropriate authority under this Division. Maximum penalty—100 penalty units. (2) The purpose of an authority under this Division is to attest— (a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle, and (b) that the authorised person is considered to have sufficient responsibility and aptitude to drive the vehicle or vehicles to which the authority relates— (i) in accordance with the conditions under which a public passenger service is operated, and (ii) in accordance with law and custom. (3) The regulations may create categories or grades of authority. 11A Issue and renewal of authorities (1) An authority, unless sooner suspended or cancelled, remains in force for a period determined by TfNSW and specified in the authority, but is renewable from time to time on payment of the fee (if any) fixed under section 15 for the renewal. (2) Procedures for renewal may be settled by TfNSW, subject to any provision in that behalf made by the regulations. 11B Conditions of authority (1) An authority is subject to— (a) the conditions prescribed by the regulations, and (b) such additional conditions as TfNSW, having regard to the purpose of an authority, may from time to time impose on the authority. (2) Conditions in force under subsection (1) (b) may be varied (whether by amendment, addition, revocation or suspension of one or more conditions) by TfNSW from time to time by notice served on the holder of the authority. (3) The holder of an authority who contravenes or fails to comply with a condition of the authority is guilty of an offence. Maximum penalty—100 penalty units. (4) A variation of conditions imposed on an authority by TfNSW under subsection (1) (b) is, for the purposes of Division 3 of Part 5 (Appeals), a variation of the authority. 12 Criteria and procedure (1) Having regard to the purpose of an authority, TfNSW may grant authorities to persons applying for them. (2) Applicants must meet any criteria set forth in the regulations and must satisfy TfNSW as to any matter TfNSW considers relevant. (3) Procedures for the purposes of this section may be settled by TfNSW, subject to any provision in that behalf made by the regulations. 13 Style of authority (1) An authority is to be given in writing by TfNSW to the person authorised. (2) The authority must specify the kind or kinds of vehicles for which it is appropriate. 14 Variation, suspension or cancellation of authority Having regard to the purpose of an authority, TfNSW may at any time vary, suspend or cancel any person's authority. Division 3 Fees 15 Fees for applications for, and renewals of, accreditations and authorities (1) TfNSW may, by order published in the Gazette, fix fees for all or any of the following— (a) applications for an accreditation or authority, (b) the renewal of an accreditation or authority. (2) Without limiting subsection (1)— (a) different fees may be fixed for different categories of accreditations or authorities, and (b) different fees may be fixed for different categories of applications or renewals. (3) An applicant for an accreditation or authority under this Part must pay any fee fixed under this section for the application. Note— Section 9A (1) requires the fee fixed under this section for the renewal of an accreditation to be paid on any such renewal. Section 11A (1) requires the fee fixed under this section for the renewal of an authority to be paid on any such renewal. (4) Sections 40 and 41 of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to statutory rules within the meaning of that Act. Editorial note— For orders under this section, see Gazette No 69 of 10.6.2005, p 2006. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality. Division 4 (Repealed)15A (Repealed) Parts 3–4B 16–46 (Repealed) Part 4C Investigations and enforcement Division 1 Investigations 46A Provision of information relating to safety to regulator (1) A person who carries on a public passenger service by means of a bus must provide to TfNSW the information concerning measures taken by the person to promote safety or concerning other matters relating to safety that TfNSW reasonably requires. (2) A person who carries on a public passenger service by means of a bus must, if required by notice in writing given to the person by TfNSW, submit a safety report to TfNSW. (3) The person must provide the information or report in the form and manner approved by TfNSW. Maximum penalty—500 penalty units. 46AA Provision of information to Chief Investigator TfNSW is to make available to the Chief Investigator all information that is provided to TfNSW under section 46A that relates to a transport accident or incident that may affect the safe provision of a public passenger service carried on by means of a bus. 46B Persons must report notifiable occurrences (1) A person who carries on a public passenger service by means of a bus must report any occurrence, of a kind prescribed by the regulations as a notifiable occurrence, affecting the public passenger service. Maximum penalty—100 penalty units. (2) A report under subsection (1) is to be made to TfNSW, or such other person or persons as may be prescribed, in the time and manner prescribed. (3) The regulations may prescribe different reporting requirements in respect of different occurrences. 46BA Investigations by the Chief Investigator (1) The Chief Investigator may investigate any transport accident or incident that may affect the safe provision of railway operations or public passenger services carried on by means of buses or ferries. (2) (Repealed) (3) The Minister may require the Chief Investigator to investigate and report to the Minister on any transport accident or incident that may affect the safe provision of railway operations or public passenger services carried on by means of buses or ferries. (4) The Chief Investigator is to conduct an investigation in the manner the Chief Investigator considers appropriate. (4A) An investigation may extend to all relevant events and circumstances preceding the transport accident or incident. (5) An investigation under this section may be carried out and a report provided under this section whether or not— (a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or (b) the matter is or may be subject to any criminal or civil proceedings, or (c) the matter is the subject of an inquest or inquiry under the Coroners Act 2009, or (d) the matter is or may be the subject of a transport safety inquiry. (6) The Chief Investigator may, at any time, discontinue an investigation under this section, other than an investigation requested by the Minister. (7) Schedule 6 contains provisions relating to transport safety investigators. 46BB Chief Investigator's functions (1) The Chief Investigator may, by notice in writing, require either or both of the following— (a) the attendance of any person at any place to answer questions in relation to a transport safety investigation, (b) the production of any documents or other things required for the purposes of any such investigation. (2) The Chief Investigator may require a person to answer questions in relation to a transport safety investigation. (3) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section. Maximum penalty—100 penalty units. Note— Section 46U provides protection in relation to self-incriminating evidence. (4) A person attending at a place to answer questions is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section. (5) The notice under subsection (1) must be signed by the Chief Investigator and specify the time and place at which the person is required to attend to answer questions or produce the documents or other things. (6) The Chief Investigator may require a person who attends to answer questions under this section to answer the questions on oath or affirmation and, for that purpose, the Chief Investigator— (a) may require the person to take an oath or to make an affirmation, and (b) may administer an oath to, or take an affirmation from, the person. 46BBA Reports on transport safety investigations (1) The Chief Investigator must provide to the Minister a written report on a transport safety investigation, including any discontinued investigation. (2) The Chief Investigator may provide a copy of a draft report, or proposed recommendations in a report, on a confidential basis, to the Minister or any other person before completing the report— (a) if the Chief Investigator thinks that it is desirable or necessary to do so for the purposes of transport safety, or (b) to allow the making of submissions about the draft report, or (c) to give advance notice of the likely form of the report. (3) The Chief Investigator may include in a report on a transport safety investigation any submissions made in response to a draft report or draft recommendations, safety action statements or safety recommendations. (4) A person must not copy, or disclose to a person or a court, the contents of a draft report or draft recommendations provided under this section, except— (a) as required or authorised by or under this or any other Act, or (b) where necessary to take steps to remedy safety issues identified in the draft report, or (c) where necessary to prepare submissions on the draft report or draft recommendations. Maximum penalty—100 penalty units. (5) If the Chief Investigator discontinues an investigation, the Chief Investigator must provide to the Minister, within 28 days, a written report setting out the reasons for discontinuing the investigation. (6) A report of a transport safety investigation, a draft report or draft recommendations are not admissible in any legal proceedings. (7) A person who is provided with a draft report under this section— (a) cannot be required to disclose it to a court, and (b) is not entitled to take any disciplinary action against an employee of the person on the basis of the report. (8) In this section— safety action statement means a statement— (a) setting out any safety issues identified during the course of an investigation that should be addressed, or (b) setting out any steps taken by persons to remedy safety issues identified during the course of an investigation. 46BC Transport safety inquiries (1) The Minister may constitute one or more persons as a Board of Inquiry to conduct an inquiry (a transport safety inquiry) into any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations or a public passenger service carried on by means of a bus or ferry. (2) A transport safety inquiry may be carried out and a report provided whether or not— (a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or (b) the matter is or may be subject to any criminal or civil proceedings, or (c) the matter is the subject of an inquest or inquiry under the Coroners Act 2009. (3) The Minister may not terminate a transport safety inquiry. (4) A Board of Inquiry may, at a transport safety inquiry conducted by it, take evidence on oath or affirmation and, for that purpose, the person constituting the Board— (a) may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and (b) may administer an oath to, or take an affirmation from, a person appearing at the inquiry. (5) In conducting a transport safety inquiry, a Board of Inquiry— (a) is not bound to act in a formal manner, and (b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate. (6) If the Board of Inquiry agrees, an agent (including a legal practitioner) may represent a person or body at a transport safety inquiry. (7) A Board of Inquiry is to determine its own procedure, except as provided by this Act or the regulations. 46BD Chief Investigator may request transport safety inquiry (1) The Chief Investigator may, if he or she considers it to be appropriate in the circumstances, give a written notice to the Minister requesting that any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations or a public passenger service carried on by means of a bus or ferry be the subject of a transport safety inquiry. (2) If the Minister receives a written notice under subsection (1) from the Chief Investigator, the Minister is to— (a) constitute a Board of Inquiry to conduct a transport safety inquiry into the accident, incident, event, occurrence, practice or matter, or (b) within one month after receiving the notice, provide the Chief Investigator with written reasons for not doing so and table the notice and the reasons in each House of Parliament. 46BE Assessors (1) A Board of Inquiry, when conducting, and making a determination in respect of, a transport safety inquiry is to sit with any assessors that may be appointed by the Minister for the purposes of the inquiry. (2) An assessor sitting with a Board of Inquiry has the power to advise the Board of Inquiry but not to adjudicate on any matter before the Board of Inquiry. (3) A Board of Inquiry has the right to consult, either collectively or individually, and either in public or in private, with assessors sitting with it. 46BF Witnesses and evidence at transport safety inquiries (1) A Board of Inquiry may summon a person to appear at a transport safety inquiry conducted by the Board to give evidence and to produce any documents that are specified in the summons. (2) A Board of Inquiry may require a person appearing at a transport safety inquiry to do any one or more of the following— (a) be sworn or affirmed, (b) produce a document, (c) answer a question. (3) A person attending as a witness before a Board of Inquiry is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section. (4) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section. Maximum penalty— (a) in the case of a corporation (being a previous offender)—750 penalty units, or (b) in the case of a corporation (not being a previous offender)—500 penalty units, or (c) in the case of an individual (being a previous offender)—375 penalty units, or (d) in the case of an individual (not being a previous offender)—250 penalty units. 46BG Report on transport safety inquiry A Board of Inquiry must, within the period required by the Minister, prepare a report as to the causes of the accident or incident or prepare a report on the other event, occurrence, practice or matter into which it was to inquire and provide a copy of the report to the Minister. 46C Compliance with subpoenas and other directions (1) The Chief Investigator or a former Chief Investigator or a person who is or was a transport safety investigator is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety investigation, if the Chief Investigator has issued a certificate under subsection (2) in relation to the transport safety investigation. (2) The Chief Investigator may issue a certificate stating that the Chief Investigator, former Chief Investigator or a person who is or was a transport safety investigator is or was involved in a transport safety investigation. (3) A member of a Board of Inquiry, a former member of a Board of Inquiry or a person who is or was an authorised officer is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety inquiry, if the Minister has issued a certificate under subsection (4). (4) The Minister may issue a certificate stating that a member of a Board of Inquiry, a former member of a Board of Inquiry or a person who is or was an authorised officer is or was involved in a transport safety inquiry. 46D Tabling of reports (1) The Minister is to lay (or cause to be laid) a report under section 46BBA (1) or 46BG before both Houses of Parliament as soon as reasonably practicable, but not later than 7 days, after the Minister receives the report. (2) If a House of Parliament is not sitting when the Minister seeks to lay a report before it, the Minister may present copies of the report to the Clerk of the House concerned. (3) The report— (a) is, on presentation and for all purposes, taken to have been laid before the House, and (b) may be printed by authority of the Clerk of the House, and (c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and (d) is to be recorded— (i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and (ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly, on the first sitting day of the House after receipt of the report by the Clerk. 46E Confidential reporting of safety information by transport safety employees (1) The Chief Investigator may establish a system for the voluntary reporting by transport safety employees or rail safety workers (within the meaning of the Rail Safety National Law (NSW)) of matters that may affect the safe provision of a public passenger service by means of a bus or ferry or of railway operations. (2) The Chief Investigator must not disclose to any other person, or to any court, any information that may identify an employee who provides information under any such voluntary reporting system unless— (a) the employee consents to the disclosure, or (b) the Chief Investigator or a court is of the opinion that it is necessary in the public interest that the information be disclosed. (3) Nothing in this section prevents the Chief Investigator from disclosing information obtained under this section to the regulator. (4) Regulations may be made for or with respect to the following matters— (a) the form and manner in which reports may be made, (b) the manner in which reports are to be dealt with and the purposes for which information reported under this section may be used, (c) other requirements for a system established under this section. (5) In this section— regulator means— (a) in relation to any public passenger service provided by bus—TfNSW, or (b) in relation to any public passenger service provided by ferry—the person or body prescribed by the regulations for the purposes of this definition, or (c) in relation to railway operations—the National Rail Safety Regulator under the Rail Safety National Law (NSW), or (d) any other person prescribed by the regulations for the purposes of this definition. Division 2 Inspection powers 46F (Repealed) 46G Use of powers by authorised officers Subject to section 46W, an authorised officer may exercise the powers conferred by this Division for the purposes of this Act, including the following purposes— (a) the purposes of an inspection, transport safety inquiry or other inquiry under this Act, (b) the purpose of determining whether there has been a contravention of this Act, the regulations or the terms of an accreditation, authority, service contract, requirement or exemption under this Act. 46H Inspections by regulator of bus services (1) TfNSW may cause inspections to be carried out to ensure that a person who carries on a public passenger service by means of a bus is complying with the terms of the person's accreditation under this Act or with the requirements of this Act relating to a safety management system. (1A) TfNSW may cause inspections to be carried out to ensure that a person who carries on a public passenger service by means of a bus is complying with the terms of the person's service contract under this Act. (1B) TfNSW may cause inspections to be carried out to ensure that a person who carries on a public passenger service by means of a ferry is complying with the terms of the person's service contract under this Act. (2) Inspections under this section may be carried out at such intervals as TfNSW thinks fit. (3) For the purposes of this section, TfNSW may cause the following to be inspected— (a) the performance of transport safety employees, (b) any bus or ferry used for the purposes of a public passenger service and any equipment, furnishings or fittings in or about the bus or ferry, (c) the carrying out of a public passenger service by means of a bus or ferry, (d) any other thing TfNSW considers to be relevant to the safe carrying on of a public passenger service by means of a bus or ferry. 46I Power of entry (1) An authorised officer may enter the following premises— (a) any premises (other than any premises, or a part of any premises, that are used as a dwelling) that the officer reasonably suspects are being used for the purposes of a public passenger service or for the keeping of records for any such purposes, (b) railway premises. (2) Entry may be made only at the following times— (a) any reasonable hour in the daytime, (b) any hour during which a public passenger service or rail passenger service is in operation or other related activity is in progress or is usually carried out in or on the premises, (c) any other hour that the premises are otherwise open for entry. 46J Powers on entry An authorised officer has the following powers in or on premises that the officer is authorised to enter under this Act— (a) power to inspect any vehicle that the officer reasonably suspects is being used for the purposes of a public passenger service and inspect or test any equipment, or inspect any furnishings or fittings, in or on or about the vehicle, (b) power, by notice in writing, to require the owner or person in charge of any such vehicle or equipment specified in the notice to have the vehicle or equipment inspected or tested within a time limit specified by the notice, (c) power to inspect any maintenance facilities, equipment or apparatus used for the purposes of or in connection with a public passenger service, (d) power to inquire into any transport accident or other incident affecting the safe carrying out of a public passenger service or the personal security of members of the public using a public passenger service or transport safety employees that has happened in or on the premises, (e) power to take samples and photographs in connection with any inspection or inquiry, (f) power to search for evidence of any contravention of this Act, the regulations or the terms of an accreditation, authority, service contract, requirement or exemption under this Act, (g) power to search for and inspect relevant documents and require any person in or on the premises to produce to the authorised officer any relevant documents in the person's custody or under the person's control, (h) power to require any person in or on the premises to answer questions or otherwise give information in relation to the matter the subject of the inspection, investigation or inquiry, (i) power to exercise functions under section 46L in relation to any relevant documents found in or on the premises or produced to an authorised officer, (j) power to seize anything that the authorised officer suspects on reasonable grounds is connected with an offence against this Act or the regulations and to secure any such thing against interference, (k) power to secure the perimeter of the site of any transport accident or other incident concerning a public passenger service by whatever means, and for such period, as the authorised officer considers appropriate or TfNSW specifies. Note— For the purposes of this Act, vehicle is defined to include a vessel (see section 3 (1)). 46K Inspection and testing of vehicles (1) An authorised officer may, for the purposes of an inspection of a vehicle that the officer is authorised to inspect under this Act— (a) enter and remain in or on the vehicle, and (b) enter and remain in any workshop or other premises where the vehicle is located, and (c) operate the vehicle and any operable equipment in, on or about the vehicle. (2) The driver or person in charge of a vehicle that is being driven or used on a road or road related area or in any other place must, for the purpose of enabling an authorised officer to inspect or test the vehicle or equipment under this Division, comply with any reasonable direction by an authorised officer to stop, stand, park or manoeuvre the vehicle, or to do any other thing, for the purpose of facilitating the inspection or testing of the vehicle. (3) A direction to stop the vehicle may be given by the authorised officer by displaying a sign or by any other reasonable method. (4) If a vehicle has been stopped in compliance with a direction under this section, any inspection and testing of the vehicle or equipment under this Division must be carried out— (a) at or as near as practicable to the place where the direction to stop the vehicle is given, and (b) as soon as practicable, and in any case within one hour, after the vehicle is stopped in accordance with the direction. (5) A notice under this Division requiring a vehicle or equipment to be tested may require the vehicle or equipment— (a) to be inspected or tested at a specified place (being a place within 80 kilometres of the owner's or person's place of residence or place of business), or (b) to be tested by or in the presence of an authorised officer. 46L Functions of authorised officers in relation to relevant documents (1) An authorised officer has the following powers in relation to relevant documents found by an authorised officer in or on premises or a vehicle entered by the authorised officer or produced to the authorised officer pursuant to a requirement made under this Division— (a) power to take possession of the documents or secure them against interference, (b) power to take copies of, or take extracts from, the documents, (c) power to require any person who was party to the creation of the documents to make a statement providing any explanation that the person is able to provide as to any matter relating to the creation of the documents or as to any matter to which the documents relate, (d) power to retain possession of the documents for such period as is necessary to enable the documents to be inspected, and copies of, or extracts from, the documents to be made or taken. (2) While an authorised officer retains possession of a document, the authorised officer must permit a person who would be entitled to inspect the document were it not in the possession of the authorised officer to inspect the document at any reasonable time and make a copy of, or take extracts from, the document. (3) If an authorised officer takes possession of or secures against interference any relevant document on which a person has a lien, the authorised officer's actions do not prejudice the lien. 46M Other powers related to documents (1) An authorised officer may, by notice in writing, require a person to furnish records or information. (2) The notice must specify the manner in which records or information are required to be furnished and a reasonable time by or at which they must be furnished. (3) The authorised officer may take copies of, or extracts from, records furnished in response to a notice. (4) If any record required by the notice to be furnished is in electronic form or a form other than writing, the notice requires the record to be furnished in writing, unless the notice otherwise provides. 46N Notice of entry Before an authorised officer enters premises or a vehicle under this Act, the authorised officer must give the owner or occupier of the premises, or the owner or person in charge of the vehicle, reasonable notice of the intention to enter the premises or vehicle unless— (a) the giving of notice would defeat the purpose for which it is intended to enter the premises or vehicle, or (b) entry to the premises or vehicle is made with the consent of the owner or occupier of the premises or the owner or person in charge of the vehicle, or (c) entry is required in an emergency. Division 3 Provisions relating to powers of authorised officers and transport safety investigators 46NA Meaning of "appropriate authority" In this Division— appropriate authority means— (a) in the case of a function exercised by an authorised officer appointed by TfNSW—TfNSW, or (b) (Repealed) (c) in the case of a function exercised by a transport safety investigator—the Chief Investigator. 46O Use of force A power conferred by this Act to enter any premises or vehicle, or to do anything in or on any premises or vehicle, may not be exercised unless the authorised officer or transport safety investigator proposing to exercise the power uses no more force than is reasonably necessary to effect the entry or to do the thing for which entry is effected. 46P Care to be taken In the exercise of a function under this Part or Schedule 6, an authorised officer or transport safety investigator must do as little damage as possible. 46Q Compensation (1) The appropriate authority must pay compensation for any damage caused by any authorised officer in the exercise of a power to enter premises or a vehicle under this Part, other than damage arising from work done for the purpose of an inspection which reveals that there has been a contravention of this Act or any other Act or law. (1A) The Crown must pay compensation for any damage caused by any transport safety investigator in the exercise of a power to enter premises or a vehicle under Schedule 6, other than damage reasonably arising from work done for the purpose of a transport safety investigation. (2) Section 66 does not apply to a liability under this section. 46R Authority to enter (1) A power conferred by this Part on an authorised officer to enter premises or a vehicle, or to make an inspection or take other action in or on premises or a vehicle, may not be exercised unless the authorised officer proposing to exercise the power is in possession of an authority and produces the authority, if required to do so by the owner or occupier of the premises or the driver or person in charge of the vehicle. (2) The authority must be a written authority that is issued by the person who appointed the authorised officer and that— (a) states that it is issued under this Act, and (b) states an identifying number or other means of identifying the person to whom it is issued, and (c) describes the nature of the powers conferred, and (d) states the date (if any) on which it expires, and (e) describes the premises or vehicles to which it extends, and (f) bears the signature of— (i) if TfNSW is the person who appointed the authorised officer—a person approved by TfNSW, or (ii) (Repealed) (3) This section does not apply to a power conferred by a search warrant or to a power exercised by an authorised officer who is a police officer. 46S Assistance to be given to authorised officers and transport safety investigators (1) This section applies for the purpose of enabling an authorised officer or a transport safety investigator to exercise any of the powers of an authorised officer or a transport safety investigator under this Part or Schedule 6. (2) The appropriate authority may, by notice in writing served on the occupier of premises referred to in section 46I or entered under Schedule 6, require the person to provide such reasonable assistance and facilities as are specified in the notice within a specified time and in a specified manner. (3) A person who fails to comply with a requirement made by an authorised officer under this section is taken to have obstructed the authorised officer in the exercise of the authorised officer's functions under this Part. (4) A person who fails to comply with a requirement made by a transport safety investigator under this section is taken to have obstructed the investigator in the exercise of the investigator's functions under Schedule 6. 46T Premises used for residential purposes The powers of entry and inspection conferred by this Part are not exercisable in relation to any premises or part of premises that are being used for residential purposes except— (a) with the permission of the occupier of the premises or part of the premises, or (b) under the authority conferred by a search warrant. 46U Protection from incrimination (1) A person is not excused from any of the following requirements made under this Act on the ground that the statement might tend to incriminate him or her— (a) a requirement to answer a question or produce a thing, (b) a requirement to make a statement. (2) However, the answer to the question, production of the thing, any information obtained as a direct result of the answer or production, or the statement, is not admissible in evidence against the person in criminal proceedings— (a) if the person claims before giving the answer, producing the thing or making the statement that it might tend to incriminate the person, or (b) unless the person's entitlement to make a claim of the kind referred to in paragraph (a) was drawn to the person's attention before the answer was given, the thing was produced or the statement was made. (3) Except as provided by subsection (2), an answer to a question, production of a thing, any information obtained as a direct result of any such answer or production, or a statement made by a person, in compliance with a requirement under this Act, may be used in evidence in any criminal or civil proceedings against the person. 46V Search warrants (1) An authorised officer may apply to an authorised justice for a search warrant if the authorised officer has reasonable grounds for believing that the provisions of this Act, the regulations or the terms of an accreditation, authority, service contract, requirement or exemption under this Act have been or are being contravened in or on any premises. (2) An authorised justice to whom such an application is made by an authorised officer may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer named in the warrant— (a) to enter the premises, and (b) to search the premises for evidence of a contravention of this Act, the regulations or the terms of an accreditation, authority, service contract, requirement or exemption under this Act. (2A) A transport safety investigator may apply to an authorised justice for a search warrant if the investigator has reasonable grounds for believing that there is on the premises evidence or a thing that is relevant to a transport safety investigation. (2B) An authorised justice to whom an application is made by a transport safety investigator may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a transport safety investigator named in the warrant— (a) to enter the premises, and (b) to search the premises for evidence or a thing that is relevant to a transport safety investigation. (3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section. (4) Without limiting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002, a police officer— (a) may accompany an authorised officer or a transport safety investigator executing a search warrant issued under this section, and (b) may take all reasonable steps to assist the transport safety investigator or authorised officer in the exercise of the investigator's or officer's functions under this section. (5) In this section— authorised justice means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002. 46W Appointment of authorised officers (1) TfNSW may appoint a member of staff of TfNSW, or a person of a class prescribed by the regulations, to be an authorised officer for the purposes of this Act. (2), (3) (Repealed) (4) The authority of an authorised officer appointed under this section may be limited by the relevant instrument of appointment to the functions specified in the instrument of appointment. (5) In addition to other persons who may be appointed as authorised officers under this Act, TfNSW may, for the purposes of a specified bus or ferry accident or incident, appoint as an authorised officer a person exercising powers, or holding office under a Commonwealth Act. (6), (7) (Repealed) Part 5 Review of certain decisions Division 1 Notifications 47 Effect of notification of decisions of TfNSW (1) If TfNSW makes a decision that is able to be reviewed under this Part, it is the duty of TfNSW to cause any person entitled to request the review, or to lodge the application with the Civil and Administrative Tribunal for an administrative review— (a) in the case of a person entitled to lodge an application with the Tribunal—to be given notice that is in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative Decisions Review Act 1997 and a statement of reasons setting out the matters specified by section 49 (3) of that Act, or (b) in other cases—to be notified in writing of the fact of the decision and of the reasons for it. (2) If TfNSW makes a decision that is able to be reviewed under this Part, any such decision has effect from the time the notice is given and continues in effect unless rescinded by TfNSW or by the Civil and Administrative Tribunal determining an application under Division 3. (3) A notice given under this section is a sufficient notice for the purposes of section 48 of the Administrative Decisions Review Act 1997. Division 2 48–51 (Repealed) Division 3 Administrative reviews by Civil and Administrative Tribunal 52 Applications to Civil and Administrative Tribunal (1) Any person whose application under Part 2 has been refused, or whose accreditation or authority has been varied, suspended or cancelled may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the refusal, variation, suspension or cancellation. (2)–(4) (Repealed) Part 6 Miscellaneous 53 Exchange of information (1) TfNSW may enter into an arrangement (an information sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information held by Tf