TRANSPORT ACTS (AMENDMENT) BILL 1997

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TRANSPORT ACTS (AMENDMENT) BILL 1997

PARLIAMENT OF VICTORIA Transport Acts (Amendment) Act 1997 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2--AMENDMENT OF TRANSPORT ACT 1983 3 Division 1--Tow Trucks 3 3. Insertion of new definition 3 4. Changes to the definitions of level 1 and 2 offences 3 5. Minor consequential amendment 4 6. Change to meaning of heavy accident towing 4 7. Further restriction on who may hold towing licence 4 8. Insertion of sections 172O-172Q 4 172O. Former licence entitlements may be re-transferred 4 172P. Self-management areas 5 172Q. Offences concerning self-management areas 6 9. Implied condition of trade towing licence 6 10. Changes concerning storage charges 7 11. Substitution of section 176A 7 176A. Obligations on repairers in respect of towed vehicles 8 176B. Authority to tow checking procedure 9 176C. Copies of noted-up forms must be given to owners etc. 10 176D. Obligations on repairers if form defective or not provided 10 176E. Repairers must keep copies of towing forms 11 176F. Owner may apply for certificate if form defective or lost 12 176G. Exceptions in relation to sections 176A-176F 13 12. Authorised drivers may enter into storage agreements at accident scenes 14 13. Vehicle may be held pending the payment of storage charges 14 14. Insertion of section 177D 14 177D. Provisions concerning damaged vehicle storage 15 15. Accident towing driver authority may be suspended 15 16. Changes concerning the Demerits Register 17 17. Exemption concerning passengers in tow trucks 18 18. Correction of incorrect reference 19 i 531242B.I1-6/10/97

Clause Page 19. Job number only authorises towing of 1 car 19 20. Regulation-making power concerning self-management areas 19 Division 2--Private Omnibuses and Hire and Drive Omnibuses 20 21. Repeal of provisions relating to private omnibuses 20 22. Repeal of provisions relating to hire and drive omnibuses 20 23. Driver's certificate 21 24. New Division 1A inserted in Part VIII 21 Division 1A--Transitional Provisions 21 246A. Transport Acts (Amendment) Act 1997 21 Division 3--Regulations 22 25. Recovery of cost of storing and disposing of abandoned vehicles 22 Division 4--Revocation of Reservations 22 26. New sections 253 and 253A inserted 22 253. Revocation of reservations for tramways purposes 22 253A. Revocation of part of Melbourne Park Reservation for tramways purposes 23 27. New Schedule 9 inserted 24 PART 3--AMENDMENT OF PUBLIC TRANSPORT COMPETITION ACT 1995 26 28. Definitions 26 29. New section 3A inserted 27 3A. Application of Act 27 30. Conditions of accreditation 27 31. Driver's authority 27 32. Transitional provisions 28 33. New section 40 inserted 28 40. Transitional provisions (1997 amendments) 29 PART 4--REPEAL OF SPENT ACTS 31 34. South Australian and Victorian Border Railways Act 1930 31 35. King-street Bridge Act 1957 31 36. New section 255B inserted in Transport Act 1983 32 255B. Supreme Court--limitation of jurisdiction 32 37. Railways (Standardization Agreement) Act 1958 33 NOTES 34 ii 531242B.I1-6/10/97

PARLIAMENT OF VICTORIA A BILL to amend the Transport Act 1983 and the Public Transport Competition Act 1995, to repeal the South Australian and Victorian Border Railways Act 1930, the King-street Bridge Act 1957 and the Railways (Standardization Agreement) Act 1958 and for other purposes. Transport Acts (Amendment) Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to-- (a) improve the regulation of the towing 5 industry; 1 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 2 Act No. (b) remove the requirement for certain classes of vehicles to be licensed under the Transport Act 1983 but require their operators to be accredited under the Public Transport 5 Competition Act 1995; (c) revoke reservations over certain lands for tramway purposes; (d) make miscellaneous amendments to the Public Transport Competition Act 1995; 10 (e) repeal certain spent Acts. 2. Commencement (1) This Part and Part 4 come into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining 15 provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 1998, it comes into operation on that day. 20 _______________ 2 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 3 Act No. PART 2--AMENDMENT OF TRANSPORT ACT 1983 Division 1--Tow Trucks 3. Insertion of new definition No. 9921. In section 2(1) of the Transport Act 1983, after Reprint No. 5 5 the definition of "bridge" insert-- as at 1 June 1997. Further ' "business day" means a day that is not-- amended by Nos 28/1996 (a) a Saturday or a Sunday; or and 37/1996. (b) a day that is wholly or partly observed as a public holiday throughout 10 Victoria;'. 4. Changes to the definitions of level 1 and 2 offences In section 86(1) of the Transport Act 1983-- (a) in the definition of "level 1 offence", after paragraph (c) insert-- 15 "; or (d) an offence under section 321(1) of the Crimes Act 1958 (conspiracy) where the conspiracy is to commit an offence referred to in paragraph (a), (b) or (c);"; 20 (b) in the definition of "level 2 offence", after paragraph (b) insert-- "; or (c) an offence under Division 3 of Part I of the Crimes Act 1958 (criminal damage 25 to property); or (d) an offence under the Accident Compensation Act 1985 or the Transport Accident Act 1986, but only if the offence involves fraud; or 3 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 5 Act No. (e) an offence under section 321(1) of the Crimes Act 1958 (conspiracy) where the conspiracy is to commit an offence referred to in paragraph (a), (b), (c) or 5 (d);". 5. Minor consequential amendment In section 147B(1)(a) of the Transport Act 1983, after "172H(7)," insert "172O(3),". 6. Change to meaning of heavy accident towing 10 In sections 172A(2) and 172B(2) and (3) of the Transport Act 1983, for "4·5 tonnes" substitute "4 tonnes". 7. Further restriction on who may hold towing licence After section 172J(5)(b) of the Transport Act 15 1983 insert-- "; and (c) includes a conviction for an offence against a Commonwealth Act that, in the opinion of the licensing authority, corresponds to a 20 level 1 or 2 offence.". 8. Insertion of sections 172O-172Q After section 172N of the Transport Act 1983 insert-- "172O. Former licence entitlements may be 25 re-transferred (1) This section only applies in respect of an accident towing licence to which an entitlement was transferred before 1 October 1995 under section 174D (as in force 30 immediately before that date). (2) The holder of the licence may re-transfer the entitlement back to the licence from which it was transferred. 4 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 8 Act No. (3) On the holder-- (a) lodging a transfer notice with the licensing authority in a form and manner approved by the licensing 5 authority; and (b) paying the appropriate transfer fee determined under section 147B-- the licence to which the entitlement is to be transferred is revived. 10 (4) The licensing authority must issue a revived licence to the person who lodged the transfer notice (or to any person nominated in writing by that person). (5) A transfer becomes effective on the licensing 15 authority issuing the revived licence relating to that transfer. (6) The issuing of a licence under this section does not create any entitlement in respect of the licence other than the entitlement that is 20 transferred to the licence under this section. (7) This section applies even if the current holder of a licence was not the holder of the licence at the time an entitlement was transferred to the licence. 25 172P. Self-management areas (1) The licensing authority may declare an area to be a self-management area. (2) A self-management area may include all or part of a controlled area or part of an area 30 that is not a controlled area. (3) All accident towing in a self-management area is to be conducted in accordance with regulations made in respect of that area under section 185(1)(i). 5 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 9 Act No. (4) The licensing authority may revoke a declaration made under sub-section (1) at any time. (5) The revocation of a declaration 5 automatically revokes any rights created under any regulations made under section 185(1)(i). 172Q. Offences concerning self-management areas 10 (1) A person must not operate a tow truck for accident towing within a self-management area unless the person-- (a) is authorised under the regulations to operate from a depot within the area; or 15 (b) is operating a heavy accident tow truck under a heavy accident tow truck towing licence to tow vehicles that have a gross vehicle mass of 4 tonnes or more from accident scenes. 20 Penalty: 50 penalty units. (2) A person who is authorised under the regulations to operate a tow truck from a depot within a self-management area must not operate that tow truck for accident 25 towing outside that area unless the person is authorised to do so under this Act. Penalty: 50 penalty units.". 9. Implied condition of trade towing licence (1) After section 175(1A) of the Transport Act 1983 30 insert-- "(1B) It is an implied condition of every trade towing licence that the tow truck must not be used to lift and carry, or tow, a motor vehicle 6 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 10 11 Act No. if a person is travelling as a passenger in that motor vehicle unless-- (a) the vehicle is being towed and has a gross vehicle mass of 4 tonnes or more; 5 and (b) the vehicle can only be towed safely if a person steers or controls the vehicle.". (2) In section 175(2) of the Transport Act 1983, for "sub-section (1)" substitute "this section". 10 10. Changes concerning storage charges For section 176(2)(d) of the Transport Act 1983 substitute-- "(d) storing a vehicle unless-- (i) the storing was authorised in writing by 15 the person from whom the sum or charge is being sought (or by that person's agent); and (ii) the sum or charge is not more than the amount determined by-- 20 (A) dividing the total number of hours that the vehicle was stored up to the relevant time by 24; and (B) multiplying the result by the daily storage fee. 25 (2A) If the result of the calculation made under sub- section (2)(d)(ii)(A) is not a whole number, it may be increased to the next highest whole number.". 11. Substitution of section 176A For section 176A of the Transport Act 1983 30 substitute-- 7 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 Act No. '176A. Obligations on repairers in respect of towed vehicles (1) This section and sections 176B to 176F apply if a motor vehicle is damaged in an 5 accident that occurs in a controlled area and is towed from the accident scene by a tow truck. (2) A person must not begin to prepare a quotation for the cost of the damage to the 10 vehicle, or to repair the vehicle, unless the person-- (a) has complied with section 176B in relation to the vehicle; or (b) has been given a copy of a duplicate 15 authority to tow form that already has on it the details required by section 176B(1)(c) and (d); or (c) has been given a copy of a certificate issued under section 176F in relation to 20 the vehicle. Penalty: 50 penalty units. (3) If a person-- (a) agrees to prepare a quotation for a damaged vehicle, or to repair a 25 damaged vehicle; and (b) is given a duplicate copy of an authority to tow form in respect of which section 176B has not been complied with-- 30 the person must attempt to obtain the confirmation described in section 176B(1)(b) as soon as is practicable after being given the form. 8 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 11 Act No. Penalty: 50 penalty units. 176B. Authority to tow checking procedure (1) To comply with this section, a person must-- 5 (a) obtain a duplicate copy of the authority to tow form that has written on it-- (i) the job number assigned to the damaged motor vehicle by the relevant allocation centre; and 10 (ii) the name and tow truck driver authority number of the driver of the tow truck, the address of the depot from which the tow truck operates and the name and address 15 of the holder of the tow truck licence under which the tow truck operates; and (b) confirm with the allocation centre that the job number is accurate and that the 20 tow truck was authorised to tow the vehicle; and (c) write on the form a note stating-- (i) his or her name and business address; and 25 (ii) that the confirmation has been obtained; and (iii) the date and time that the confirmation was obtained; and (iv) the confirmation number assigned 30 to the confirmation by the allocation centre; and (d) sign the note. 9 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 11 Act No. (2) A person must not sign the note described in sub-section (1)(c) if the person knows that any of the details in the note are false. Penalty: 50 penalty units. 5 176C. Copies of noted-up forms must be given to owners etc. (1) A person who complies with section 176B in relation to a duplicate copy of an authority to tow form must give a copy of the form 10 signed by him or her to the owner of the vehicle (or the owner's agent) and to any person authorised by the owner to repair, or to prepare a quotation in relation to, the vehicle if asked to do so by the owner (or 15 agent) or authorised person. Penalty: 50 penalty units. (2) A person must ensure that any written quotation prepared by the person and given to the owner of the vehicle (or to the owner's 20 agent) is accompanied by a copy of the authority to tow form. Penalty: 50 penalty units. 176D. Obligations on repairers if form defective or not provided 25 (1) If any of the details required by section 176B(1)(a) are missing from a copy of a duplicate authority to tow form, a person who attempts to comply with section 176B in respect of the form must notify the 30 licensing authority in writing that the details are missing within 5 business days after being given the copy of the form. Penalty: 50 penalty units. (2) If the owner (or the owner's agent)-- 10 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 11 Act No. (a) asks a person to prepare a quotation, or to repair, a damaged vehicle; and (b) does not give the person a copy of the duplicate authority to tow form (or a 5 certificate under section 176F) in relation to the vehicle within 5 business days after making the request-- the person must notify the licensing authority in writing of that failure within 5 business 10 days after the end of that 5 day period. Penalty: 50 penalty units. (3) If-- (a) the owner (or the owner's agent) asks a person (the "repairer") to prepare a 15 quotation in relation to, or to repair, a damaged vehicle and states that another person has complied with section 176B in relation to the duplicate authority to tow form relating to the vehicle; and 20 (b) the repairer asks for a copy of the form from that other person, but does not receive a copy of that form from that person within 5 business days after making the request-- 25 the repairer must notify the licensing authority in writing within 5 business days after the end of that 5 day period that the copy of the form has not been received. Penalty: 50 penalty units. 30 176E. Repairers must keep copies of towing forms (1) A person who receives a copy of an authority to tow form for the purpose of preparing a quotation, or repairing, a damaged vehicle-- 11 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 11 Act No. (a) must keep a copy of the form for 3 years after receiving it; and (b) must produce for inspection that copy and any records the person keeps in 5 relation to quotations on being asked to do so by a member of the police force or an officer. Penalty: 50 penalty units. (2) For the purpose of checking whether sub- 10 section (1) and sections 176A to 176D have been complied with, a member of the police force or an officer may-- (a) at any reasonable time of the day or night enter any premises at which it 15 appears damaged motor vehicles are being assessed or repaired; and (b) inspect and copy any document produced for inspection under sub- section (1). 20 176F. Owner may apply for certificate if form defective or lost (1) This section applies if the owner of a damaged vehicle that was towed from an accident scene in a controlled area (or the 25 owner's agent)-- (a) did not receive a duplicate of an authority to tow form in relation to the towing; or (b) received a duplicate of an authority to 30 tow form in relation to the towing, but-- (i) the form, or any note that has been subsequently added to the form, contains a defect that makes it 12 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 11 Act No. impossible for a person to prepare a quotation in relation to the vehicle, or to repair the vehicle, as a result of section 176A(2)(a) or 5 (b); or (ii) the form has been lost, destroyed, mutilated or become fully or partially illegible. (2) The owner (or the owner's agent) may apply 10 to the licensing authority for a certificate authorising the preparation of quotations in relation to the vehicle and for the vehicle to be repaired. (3) An application for a certificate must be in a 15 form approved by the licensing authority and must contain the details required by that form. (4) The licensing authority must comply with a request for a certificate within 5 business 20 days after receiving-- (a) a completed application for the certificate; and (b) the fee (if any) permitted by the regulations. 25 176G. Exceptions in relation to sections 176A- 176F (1) It is a defence to a charge under sections 176A to 176E if a person had a reasonable belief that a damaged vehicle was not 30 damaged in a controlled area. (2) Sections 176A to 176E do not apply in respect of a motor vehicle that is towed from an accident scene by a heavy accident tow truck under the authority of a heavy accident 35 tow truck towing licence.'. 13 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 12 14 Act No. 12. Authorised drivers may enter into storage agreements at accident scenes After section 177(5) of the Transport Act 1983 insert-- 5 "(6) Despite sub-section (1), a tow truck driver who is lawfully at the scene of an accident may enter, or offer to enter, into an agreement with a person to store a vehicle at the authorised depot of the tow truck.". 10 13. Vehicle may be held pending the payment of storage charges (1) After section 177C(4)(b) of the Transport Act 1983 insert-- "; or 15 (c) storage charges, but only if the person holds-- (i) in the case of a disabled vehicle, a tow truck licence; or (ii) in the case of a damaged vehicle, an 20 accident towing licence; or (iii) in the case of a damaged vehicle that the holder of a heavy accident tow truck towing licence may tow, a heavy accident tow truck towing licence-- 25 and the charges either do not exceed the charges determined under section 184A or, if no charges are determined under that section, are reasonable.". (2) Section 177C(5)(a) of the Transport Act 1983 is 30 repealed. 14. Insertion of section 177D After section 177C of the Transport Act 1983 insert-- 14 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 15 Act No. "177D. Provisions concerning damaged vehicle storage (1) If a damaged vehicle is stored at the authorised depot of the tow truck that towed 5 it from an accident scene, the holder of the tow truck licence-- (a) must, within 7 business days after the day the vehicle is towed to the depot, give the owner of the vehicle (or the 10 owner's agent) a written notice stating the amount of the storage charges that are owing at the date of the notice, the daily rate at which the charges are continuing to accumulate and the fact 15 that those charges are continuing to accumulate; and (b) must continue to give the owner of the vehicle (or the owner's agent) such a notice before the expiry of each period 20 of 7 business days after the date of the issue of the first notice. Penalty: 25 penalty units. (2) The obligation imposed on the holder of the licence by sub-section (1) ceases to apply as 25 soon as-- (a) the vehicle is removed from the depot; or (b) an agreement for the repair of the vehicle is signed with a person who 30 operates at or from the depot and the agreement sets out the amount of the storage charges that is owed at the time that the agreement is signed.". 15. Accident towing driver authority may be suspended 15 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 Act No. (1) For section 181(1) of the Transport Act 1983 substitute-- "(1) Subject to sub-sections (3) and (4), the licensing authority may suspend or revoke a 5 tow truck licence, or suspend an accident towing driver authority, if-- (a) any of the conditions attached to the licence or authority or any of the provisions of this Act or the Road 10 Safety Act 1986 or the regulations made under those Acts have not been complied with; and (b) the licensing authority is satisfied that the licence should be suspended or 15 revoked, or the authority should be suspended, because of-- (i) the frequency of; or (ii) the wilful commission of; or (iii) the danger to the public as a result 20 of-- the failure to comply.". (2) For section 181(3) of the Transport Act 1983 substitute-- "(3) The licensing authority must not revoke or 25 suspend a tow truck licence under this section unless it has given the holder of the licence a reasonable opportunity to show cause why the licence should not be revoked or suspended. 30 (4) The licensing authority must not suspend an accident towing driver authority under this section unless it has given the holder of the authority a reasonable opportunity to show 16 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 16 Act No. cause why the authority should not be suspended.". (3) After section 182G(c) of the Transport Act 1983 insert-- 5 "(d) to suspend an accident towing driver authority under section 181.". 16. Changes concerning the Demerits Register (1) For section 181B(1) of the Transport Act 1983 substitute-- 10 "(1) The Secretary must keep a Demerits Register and must record in the Register the demerit points-- (a) that each tow truck licence holder incurs; and 15 (b) that each holder of an accident towing driver authority incurs; and (c) that each person who does not hold a tow truck licence would have incurred if the person had held a tow truck 20 licence; and (d) that each person who does not hold an accident towing driver authority would have incurred if the person had held such an authority.". 25 (2) After section 181B(5) of the Transport Act 1983 insert-- "(5A) A reference in sub-sections (3), (4) and (5) to demerit points incurred in a person's capacity as the holder of a licence includes a 30 reference to demerit points that have been recorded in respect of the person under sub- section (1)(c). 17 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 17 Act No. (5B) A reference in sub-sections (3), (4) and (5) to demerit points incurred in a person's capacity as the holder of an accident towing driver authority includes a reference to demerit 5 points that have been recorded in respect of the person under sub-section (1)(d).". (3) After section 181B(9) of the Transport Act 1983 insert-- "(10) On the transfer of a tow truck licence, any 10 demerit points that have been recorded against the holder of the licence under this section are automatically transferred to the new holder of the licence (regardless of whether or not the points were recorded 15 against the person while he, she or it held the licence). (11) If an accident towing driver authority expires while it is suspended under this section, the person who held the authority is not eligible 20 to hold another accident towing driver authority until the expiry of the period of suspension that applied to the expired authority.". 17. Exemption concerning passengers in tow trucks 25 After section 182A(4A) of the Transport Act 1983 insert-- "(4B) Despite sub-sections (1)(b), (2) and (3), a person who was the driver of, or a passenger in, a vehicle at the time the vehicle was 30 damaged or became disabled may accompany, and may be allowed to accompany, the driver of the accident tow truck or heavy accident tow truck if-- (a) the vehicle is outside a controlled area; 35 and 18 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 18 Act No. (b) the tow truck is travelling to the vehicle for the purpose of towing it.". 18. Correction of incorrect reference In section 182E(b) of the Transport Act 1983, for 5 "sub-section (5)" substitute "sub-sections (6) and (7)". 19. Job number only authorises towing of 1 car After section 183B(1) of the Transport Act 1983 insert-- 10 "(1A) A tow truck driver who has been given a job number by an allocation centre must not, in relation to that number, tow more than one damaged vehicle from the accident scene. Penalty: 50 penalty units.". 15 20. Regulation-making power concerning self- management areas After section 185(1)(h) of the Transport Act 1983 insert-- "(i) generally regulating and controlling the 20 operation of tow trucks for accident towing in a self-management area, and without restricting the scope of this paragraph, for or with respect to-- (i) who may operate tow trucks for 25 accident towing in the area; and (ii) how work is to be allocated or distributed in the area; and (iii) providing for the suspension of the operators of tow trucks from any 30 allocation system for the area for a failure to comply with the regulations relating to the area; and 19 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 21 22 Act No. (iv) fees payable to any person or body providing services under the regulations;". Division 2--Private Omnibuses and Hire and Drive 5 Omnibuses 21. Repeal of provisions relating to private omnibuses (1) Division 6 of Part 6 of the Transport Act 1983 is repealed. (2) In section 86(1) of the Transport Act 1983-- 10 (a) in the definition of "owner", paragraph (c)(iv) is repealed; (b) the definition of "private omnibus" is repealed. (3) In section 147A of the Transport Act 1983-- 15 (a) in sub-section (1)-- (i) omit ", private omnibus licence"; (ii) omit ", private omnibus"; (b) in sub-section (3) omit ", private omnibus licence". 20 (4) In section 147B(1)(b) of the Transport Act 1983-- (a) omit ", private omnibuses"; (b) omit ", private omnibus". 22. Repeal of provisions relating to hire and drive 25 omnibuses (1) Division 7 of Part 6 of the Transport Act 1983 is repealed. (2) In section 86(1) of the Transport Act 1983-- 20 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 24 Act No. (a) the definition of "hire and drive omnibus" is repealed. (b) in the definition of "owner", paragraph (c)(iii) is repealed. 5 23. Driver's certificate (1) In section 156 of the Transport Act 1983, after sub-section (1) insert-- "(1AA) A person who proposes to drive a vehicle that is used for operating a private bus 10 service within the meaning of the Public Transport Competition Act 1995 may apply in the form approved by the licensing authority to the licensing authority for the granting of a driver's certificate to him or 15 her.". (2) In section 156 of the Transport Act 1983-- (a) in sub-section (1A) for "The application" substitute "An application under sub-section (1) or (1AA)"; 20 (b) in sub-section (4) after "vehicle" insert "or a vehicle referred to in sub-section (1A)". 24. New Division 1A inserted in Part VIII After Division 1 of Part VIII of the Transport Act 1983 insert-- 25 "Division 1A--Transitional Provisions 246A. Transport Acts (Amendment) Act 1997 (1) Despite the repeal of Division 6 of Part 6 by section 21(1) of the Transport Acts (Amendment) Act 1997, that Division 30 continues to apply with respect to a private omnibus licence granted under it or any 21 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 26 Act No. corresponding previous enactment and in force immediately before that repeal. (2) A licence referred to in sub-section (1) continues in force despite the repeal of 5 Division 6 of Part 6 but may be suspended, revoked or cancelled in accordance with this Act as in force immediately before that repeal and, unless sooner revoked or cancelled, expires on the date on which, by 10 force of section 40(3) of the Public Transport Competition Act 1995, it is to be taken to expire for the purposes of section 40(2) of that Act.". Division 3--Regulations 15 25. Recovery of cost of storing and disposing of abandoned vehicles In section 56(2)(r) of the Transport Act 1983, after "therein" insert "and providing for the recovery of the cost of their storage and disposal". 20 Division 4--Revocation of Reservations 26. New sections 253 and 253A inserted After section 252 of the Transport Act 1983 insert-- "253. Revocation of reservations for tramways 25 purposes (1) The Order in Council specified in Schedule 9 is revoked to the extent that it applies to the land shown hatched on the plan numbered LEGL./97-215 and lodged in the Central 30 Plan Office. 22 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 Act No. (2) Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land shown hatched on the plan referred to in sub-section (1). 5 (3) On the revocation of the Order in Council specified in Schedule 9 to the extent that it relates to the land shown hatched on the plan referred to in sub-section (1)-- (a) the land is deemed to be unalienated 10 land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and 15 (b) the appointment of any committee of management is revoked to the extent that it applies to the land; and (c) any regulations made under section 13 of the Crown Land (Reserves) Act 20 1978 are revoked to the extent that they apply to the land. 253A. Revocation of part of Melbourne Park Reservation for tramways purposes (1) The deemed temporary reservation of land 25 under Part 5 of the Melbourne and Olympic Parks Act 1985 is revoked to the extent that it applies to the land shown cross- hatched on the plan numbered LEGL./97- 215 and lodged in the Central Plan Office. 30 (2) Despite anything to the contrary in the Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, on the revocation of that part of the deemed 23 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 27 Act No. temporary reservation shown cross-hatched on the plan referred to in sub-section (1)-- (a) the land is deemed to be unalienated land of the Crown, freed and 5 discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the appointment of the Melbourne and 10 Olympic Parks Trust to manage Melbourne Park is revoked to the extent that it applies to the land; and (c) any regulations made under section 13 of the Crown Land (Reserves) Act 15 1978 are revoked to the extent that they apply to the land.". 27. New Schedule 9 inserted After Schedule 8 of the Transport Act 1983 insert-- 20 "SCHEDULE 9 Partial revocation of reservation on Yarra Park Land Situation and area of land: At East Melbourne, City of Melbourne, 63.64 hectares less authorised excisions. Instrument and date of Order in Council dated 9 June 1873 reservation: Description of land by Government Gazettes dated 12 February reference to Government 1864, page 350 and 13 June 1873, page Gazette: 1059 Particulars of registration of Crown grant Volume 600 Folio 902 Crown grant: Purpose of reservation: Yarra Park 24 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 Act No. Extent of revocation: Land shown hatched on the plan numbered LEGL./97-215 and lodged at the Central Plan Office.". _______________ 25 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 28 Act No. PART 3--AMENDMENT OF PUBLIC TRANSPORT COMPETITION ACT 1995 28. Definitions No. 68/1995. In section 3(1) of the Public Transport Amended by 5 Competition Act 1995-- No. 28/1996. (a) in the definition of "bus" omit "public passenger"; (b) insert the following definitions-- ' "courtesy service" means a service 10 consisting of the carriage of passengers by a bus for any consideration or in the course of any trade or business but does not include a road transport passenger service; 15 "hire and drive service" means a service consisting of the provision of a bus for hiring (otherwise than under a hire- purchase agreement within the meaning of the Hire-Purchase Act 1959) by a 20 person for a certain period for valuable consideration on the condition that it will be driven during that period by the hirer or another person on behalf of the hirer; 25 "private bus service" means a service consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, philanthropic, educational, sporting or social body but 30 does not include a road transport passenger service;'. 26 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 29 Act No. 29. New section 3A inserted After section 3 of the Public Transport Competition Act 1995 insert-- "3A. Application of Act 5 Subject to Part 2 and the regulations, this Act (except sections 6(a)(i), 9(2) and (3), 13 and 20(2)(b)) applies to a person who operates-- (a) a courtesy service; or (b) a hire and drive service; or 10 (c) a private bus service-- as if they were operating a road transport passenger service.". 30. Conditions of accreditation In section 10 of the Public Transport 15 Competition Act 1995, after sub-section (1) insert-- "(1A) An accreditation relating to a courtesy service or a hire and drive service is not subject to the condition imposed by sub- 20 section (1)(a). (1B) Without limiting sub-section (1)(b), the regulations may make it a condition of an accreditation that the accredited person pay, at the prescribed times and in the prescribed 25 manner, a prescribed annual accreditation fee.". 31. Driver's authority (1) In section 10(1)(a) of the Public Transport Competition Act 1995, omit "and in force 30 immediately before the commencement of this section". 27 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 32 33 Act No. (2) In section 32 of the Public Transport Competition Act 1995, after sub-section (2) insert-- "(2A) The Secretary may refuse to accept an 5 application for the granting of a driver's authority if the Secretary considers that the person should instead apply for a driver's certificate under section 156 of the Transport Act 1983. 10 (2B) If the Secretary refuses under sub-section (2A) to accept an application, the Secretary must-- (a) notify the applicant in writing of the refusal and the reason for it; and 15 (b) refund to the applicant the prescribed application fee that accompanied the application; and (c) return to the applicant any other thing that accompanied the application.". 20 (3) In section 32(30)(a) of the Public Transport Competition Act 1995, after "authority" (where secondly occurring) insert ", other than a decision under sub-section (2A)". (4) In section 33 of the Public Transport 25 Competition Act 1995, after "service" insert "or a private bus service". 32. Transitional provisions In section 39(3) of the Public Transport Competition Act 1995-- 30 (a) for "2 years" substitute "42 months"; (b) for "two years" substitute "42 months". 33. New section 40 inserted 28 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 Act No. In Part 4 of the Public Transport Competition Act 1995, after section 39 insert-- "40. Transitional provisions (1997 amendments) (1) Sub-section (2) applies to a person who-- 5 (a) immediately before the commencement of section 33 of the Transport Acts (Amendment) Act 1997 operated a private bus service within (or partly within) the State and held a private 10 omnibus licence granted under Division 6 of Part VI of the Transport Act 1983 or any corresponding previous enactment or more than one such licence; and 15 (b) but for sub-section (2) would be required under Part 2 of this Act to be accredited to operate that private bus service. (2) Despite anything to the contrary in this Act, 20 a person to whom this sub-section applies is not required to be accredited in accordance with Part 2 to operate the private bus service referred to in sub-section (1) during any period when-- 25 (a) that person holds a private omnibus licence for every vehicle operated by that person for the purposes of the private bus service; and (b) that person, in operating any vehicle 30 referred to in paragraph (a), complies with the conditions attached to the licence and any other requirement imposed by or under Part VI of the Transport Act 1983 on the operation 35 of the vehicle. 29 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 33 Act No. (3) For the purposes only of sub-section (2), a private omnibus licence in force immediately before the commencement of section 33 of the Transport Acts (Amendment) Act 5 1997 that is not due to expire on any particular date or that is due to expire on a date that is later than 18 months after that commencement, must be taken to expire at the end of 18 months after that 10 commencement, despite any Act or rule of law to the contrary and despite any provision contained in the licence itself. (4) A person who-- (a) immediately before the commencement 15 of section 33 of the Transport Acts (Amendment) Act 1997 operated a courtesy service or a hire and drive service within (or partly within) the State; and 20 (b) but for this sub-section would be required under Part 2 of this Act to be accredited to operate that service-- is not required to be accredited in accordance with Part 2 to operate that service during the 25 period of 12 months after the commencement of section 33 of the Transport Acts (Amendment) Act 1997.". _______________ 30 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 34 Act No. PART 4--REPEAL OF SPENT ACTS 34. South Australian and Victorian Border Railways Act 1930 No. 3932. The South Australian and Victorian Border 5 Railways Act 1930 is repealed. 35. King-street Bridge Act 1957 No. 6156. (1) The King-street Bridge Act 1957 is repealed. (2) In Schedule 5 to the Transport Act 1983, after clause 26 insert-- 10 '26A. King Street Bridge (1) In this clause, "King Street Bridge" means the bridge constructed under the authority of the King-street Bridge Act 1957. (2) The powers, authorities and duties of the Roads 15 Corporation include-- (a) the operation, maintenance and repair of the King Street Bridge and, in relation to that operation, maintenance and repair, the carrying out of ancillary works and ancillary tasks; 20 (b) in relation to the King Street Bridge, the construction of ancillary works and ancillary structures and things; (c) the financing of the performance of the powers, authorities and duties referred to in paragraphs 25 (a) and (b). (3) No action, suit or other proceedings shall be commenced or maintained against the State of Victoria or the Roads Corporation or any municipal council or against any person acting for or with the authority of 30 the Roads Corporation for or in respect of-- (a) any obstruction to the flow of water in, or of the navigation of, the River Yarra occasioned or alleged to be occasioned by-- (i) the King Street Bridge; 31 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 36 Act No. (ii) any construction work carried out in connection with the maintenance, repair or operation of the King Street Bridge; (iii) the carrying out of any works in 5 connection with that construction, maintenance repair or operation or works preliminary or incidental to, or necessary or convenient by reason of, that construction, maintenance repair or 10 operation; or (b) any injury, loss damage or accident occasioned or alleged to be occasioned by reason of any such obstruction or in any way whatever arising from it. 15 (4) If any part of the King Street Bridge consists of an elevated roadway or other structure above any unalienated Crown land (including any Government road) which is not part of the bridge, the construction of that part of the bridge, or its dedication to the public 20 as a public highway, does not affect that Crown land and the provisions of the Land Act 1958 and the Crown Land (Reserves) Act 1978 and all reservations, proclamations and dedications in relation to that land shall continue in force except to the extent 25 that they may be necessarily excluded, limited or modified by the existence of the elevated roadway or structure and its supports. (5) If any part of the King Street Bridge consists of an elevated roadway or other structure above any land, 30 vested in or under the control of the Public Transport Corporation, which is not part of the bridge, the construction of that part of the bridge, or its dedication to the public as a public highway, does not in any way abridge or affect the right, title and interest of the 35 Public Transport Corporation in that land except to the extent that they may be necessarily limited or modified by the existence of the elevated roadway or structure and its supports.'. 36. New section 255B inserted in Transport Act 1983 40 After section 255A of the Transport Act 1983 insert-- "255B. Supreme Court--limitation of jurisdiction 32 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 s. 37 Act No. It is the intention of clause 26A(3) of Schedule 5 to alter or vary section 85 of the Constitution Act 1975.". 37. Railways (Standardization Agreement) Act 1958 No. 6459. 5 (1) The Railways (Standardization Agreement) Act Amended by 1958 is repealed. Nos 9921, 121/1986 and (2) The repeal of the Railways (Standardization 44/1989. Agreement) Act 1958 does not affect any liability of the State of Victoria to pay any amount to the 10 Commonwealth under Part III of the Agreement within the meaning of that Act and any such liability may be enforced as if that Act had not been repealed. (3) The provisions of sub-section (2) are in addition 15 to, and not in derogation from, the provisions of the Interpretation of Legislation Act 1984. 33 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 34 531242B.I1-6/10/97

Transport Acts (Amendment) Act 1997 Act No. 35 531242B.I1-6/10/97

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