s 1Short title
This Act may be cited as the Public Transport Authority Act 2003.
This Act may be cited as the Public Transport Authority Act 2003.
This Act, other than this Part and Part 7 Division 1, comes into operation on a day fixed by proclamation.
This Part and Part 7 Division 1 come into operation on the day on which this Act receives the Royal Assent.
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 is used;
Authority means the Public Transport Authority of Western Australia established by section 5;
Authority property means land or other property that —
belongs to the Authority;
is under the care, control, or management of the Authority; or
is operated on behalf of the Authority;
chief executive officer means the chief executive officer, under the Public Sector Management Act 1994, of the 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;
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;
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 —
either —
over a fixed area or on a fixed route;
at fixed fares or free of charge; and
with fixed timetables;
or
in any other circumstances prescribed by the 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 section 56(2);
train has the meaning given to that term in the Rail Safety National Law (WA) section 3;
Treasurer means the Treasurer of the State.
[Section 3 amended: No. 18 of 2010 s. 266; No. 21 of 2015 s. 50; No. 7 of 2024 s. 58.]
If anything in this Act or regulations made under it is inconsistent with anything in —
the Rail Safety National Law (WA) or subsidiary legislation made under it; or
the Railways (Access) Act 1998 or subsidiary legislation made under it,
the legislation described in paragraph (a) or (b) prevails.
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.
[Section 4 amended: No. 18 of 2010 s. 267; No. 21 of 2015 s. 50; No. 7 of 2024 s. 58.]
A body called the Public Transport Authority of Western Australia is established.
The Authority is a body corporate with perpetual succession.
Proceedings may be taken by or against the Authority in its corporate name.
The Authority is an agent of the State and has the status, immunities, and privileges of the State.
The Authority is to be governed by its chief executive officer.
The chief executive officer, in the name of the Authority, is to perform the functions of the Authority under this Act or any other written law.
The Authority is to be an SES organisation under the Public Sector Management Act 1994.
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).
The chief executive officer is responsible for, and has the necessary powers to administer, the day to day operations of the Authority.
The Authority may employ staff.
This section does not detract from the power that the Public 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.
The Authority may, by arrangement on such terms as are agreed with the relevant parties, make use of the services of a person employed by another person.
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 —
in the Public Service;
in a State agency; or
otherwise in the service of the State.
The Authority may by arrangement with —
a department of the Public Service; or
a State agency,
make use of any facilities of the department or agency.
An arrangement under subsection (1) or (2) is to be made on terms agreed to by the parties.
The main function that this Act gives the Authority is to provide and operate safe and reliable public passenger transport services, either directly or through persons with whom it contracts.
This Act does not prevent —
the provision of public passenger transport services other than by the Authority or persons with whom it contracts; or
the Authority from performing functions under other Acts that do not relate to, or are not limited to, public passenger transport services.
The Authority also has functions under other Acts. For example, the Rail Freight System Act 2000 gives it functions associated with the rail freight network.
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 other functions under this or any other Act and are —
connected with the performance of the Authority’s functions under this or any other Act; or
authorised by the regulations.
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