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Transport Operations (TransLink Transit Authority) Act 2008 reviewed

Started by somebody, June 18, 2012, 22:33:04 PM

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somebody

Quote16 Service contracts
(1) TransLink does not have the power, in its own right, to enter
into a contract that is, or is in the nature of, a service contract.
(2) To remove any doubt, it is declared that subsection (1) does
not prevent TransLink from entering into service contracts or
performing functions or exercising powers relating to service
contracts as the delegate of the TOPTA chief executive.
I think this is a bad idea!  It undermines the independence of Translink Transit Authority

Quote18 Powers subject to Ministerial directions
The exercise of any of TransLink's powers is subject to
Ministerial directions.
A puzzling clause in the light of the below.

Quote39 Ministerial directions or guidelines to TransLink
(1) The Minister may give TransLink—
(a) a written direction about the performance of its
functions (a Ministerial direction); or
(b) written guidelines to help TransLink perform its
functions.
(2) A Ministerial direction may prohibit TransLink from
acquiring particular assets or assets of a particular type.
(3) TransLink must comply with a Ministerial direction.
I think this is a fair cop, but I think these should be made public.  This section shouldn't be used often.  I'm open to counter arguments.

Quote42 TransLink network plans
(1) TransLink must, at least every four years, prepare, approve
and give the Minister a written network plan about funded
improvements in mass transit services and infrastructure for
the TransLink area.
(2) A network plan can not be implemented unless it has been
approved by the Minister.
I think part (2) should be repealed.  Just make TTA submit the plan to the Minister with reasonable notice and they can make directions under section 39.

QuoteSchedule 1 Service contract areas or
routes for the TransLink area
I don't see the need for this in the legislation but it isn't the biggest deal.

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