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PARLIAMENT OF VICTORIA
Transport Legislation Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO TRANSPORT ACT 1983 4
Division 1--Smartcards 4
3 Definitions for Part VII 4
4 General evidentiary provision 5
5 New sections 230AB to 230AH inserted 5
230AB Evidentiary provision--smartcards 5
230AC Certificate of authorised officer who operated hand
held reader 6
230AD Certificate in respect of prescribed devices and
processes 7
230AE Notice by informant 7
230AF Notice by defendant 9
230AG Informant may adduce evidence in relation to ticket
offence 11
230AH Regulations 11
Division 2--Other amendments 13
6 Definitions 13
7 Director of Public Transport--Functions and powers 13
8 Safety Director--Functions and powers 14
9 New section 12 inserted 14
12 Financial assistance to train drivers following fatal
incidents 14
10 New section 158A substituted 15
158A Touting 15
11 Security cameras and the privacy of passengers 17
12 Regulations relating to taxi-cab equipment 17
13 Imposition of conditions of accreditation 18
14 Disqualification by Director from ability to apply for
accreditation 18
15 Certificate of accreditation 18
561055B.I-19/9/2007 i BILL LA INTRODUCTION 20/9/2007
Clause Page
16 New sections 169EA to 169EC inserted 18
169EA Mandatory suspension in certain circumstances 18
169EB Reinstatement of driver accreditation in certain
circumstances where it has been suspended 19
169EC Person whose driver licence or probationary licence
is suspended or cancelled must notify the Director 19
17 Review of decision by VCAT 20
18 New section 169R substituted 20
169R Offence not to notify change of address and give
driver accreditation 20
19 Notification of suspension or cancellation of accreditation 21
20 New section 169WA inserted 22
169WA Operator must not permit non-accredited driver to
drive commercial passenger vehicle etc. 22
21 New section 169WB inserted 23
169WB Holder of accreditation must not permit
non-accredited driver to drive commercial passenger
vehicle etc. 23
22 Director may determine conditions 23
23 New section 220DA inserted 24
220DA Conditions relating to overseas student travel 24
24 New section 222B inserted 26
222B Interference with prescribed equipment 26
25 No requirement for photograph of officer on identity cards in
certain cases 27
26 Forfeiture 27
27 New section 228ZX inserted 27
228ZX Forfeiture of seized thing 27
28 Compensation for damage caused during exercise of powers
under Division 4B of Part VII 28
29 Improvement notices 28
30 New section 228ZZH substituted 28
228ZZH Clearance certificates for improvement notices 28
31 Proceedings for offences not affected by improvement notices 29
32 Prohibition notice 30
33 New section 228ZZKA inserted 30
228ZZKA Oral direction before prohibition notice served 30
34 New section 228ZZN substituted 31
228ZZN Certificates that matters that give rise to immediate
risks to safety remedied 31
35 Proceedings for offences not affected by prohibition notices 32
36 Reviewable decisions 33
37 New sections 230DA to 23DC inserted 33
230DA Exclusion orders 33
230DB Corporations Act displacement 35
230DC Contravention of exclusion order 35
561055B.I-19/9/2007 ii BILL LA INTRODUCTION 20/9/2007
Clause Page
38 Saving of delegations 35
39 Transitional provisions--taxi-cab accreditation 36
40 Statute law revision 38
PART 3--AMENDMENTS TO PUBLIC TRANSPORT
COMPETITION ACT 1995 39
41 New definition of motor vehicle inserted and definition of bus
amended 39
42 Conditions of accreditation 39
43 New Division 1 heading inserted into Part 3 39
44 Associate (sub-contracted) operators 40
45 New Division 2 heading inserted into Part 3 40
46 Interested persons 40
47 Service contracts may also provide for penalties for breaches of
performance requirements 41
48 New section 27A inserted 41
27A Civil penalty provisions in operative service contracts 41
49 Regions or routes of operation 42
50 Repeal of section 29 because of insertion of new Division 4 of
Part 3 42
51 New Division 3 heading inserted into Part 3 42
52 Variation, suspension or cancellation of service contracts 43
53 New Divisions 4 and 5 of Part 3 inserted 43
Division 4--New regular passenger services 43
Subdivision 1--Interpretation 43
30A Definitions 43
30B When is an affected service contract holder a
materially affected service contract holder? 45
30C Certain affected service contract holders may be
materially affected service contract holders 47
Subdivision 2--Stage 1 procurement process (affected
service contract holders) 48
30D Proposed new regular passenger services that will
affect only one service contract holder 48
30E Proposed new regular passenger service that will affect
more than one existing service contract holder--
Stage 1 49
30F Outcome of stage 1 of procurement process if an
affected service contract holder is successful 49
30G End of stage 1 process--No agreement (and there is
no materially affected service contract holder) 50
30H End of stage 1 process--No agreement (and there is a
materially affected service contract holder) 51
561055B.I-19/9/2007 iii BILL LA INTRODUCTION 20/9/2007
Clause Page
Subdivision 3--Stage 2 procurement process (materially
affected service contract holders) 51
30I Stage 2 procurement process--Only one materially
affected service contract holder 51
30J Stage 2 procurement process--More than one
materially affected service contract holder 53
30K Outcome of stage 2 procurement process--More than
one materially affected service contract holder 53
Division 5--Transfer of property used in provision of
regular passenger services 54
30L Definitions 54
30M Property of certain holders of service contracts and
associated operators 57
30N Allocation statement 57
30O Relevant property transferred in accordance with
statement 58
30P Allocation of relevant property subject to
encumbrances 58
30Q Certificate of Director 58
30R Consideration for transferred property 59
30S Former transferor instruments and agreements 59
30T Interests in land 60
30U Amendment of Register 60
30V Proceedings 61
30W Taxes 61
30X Evidence 61
30Y Validity of things done under this Division 61
30Z Corporations Act displacement 63
PART 4--AMENDMENTS TO RAIL SAFETY ACT 2006 64
54 Amendment of definitions 64
55 Rail safety work 68
56 Principle of shared responsibility 68
57 New section 22A inserted 69
22A Duties of persons providing rail operations by means
of contracted personnel 69
58 Rail operator must consult before establishing safety
management system 70
59 New section 29 substituted 70
29 Safety audits 70
60 New Division heading inserted in Part 4 70
561055B.I-19/9/2007 iv BILL LA INTRODUCTION 20/9/2007
Clause Page
61 New Division 2 inserted in Part 4 71
Division 2--Safety interface agreements 71
34A What is a safety interface agreement? 71
34B Safety interface assessment by rail operator--rail
operations 71
34C Safety interface assessment by rail infrastructure
manager--rail infrastructure and public roadways or
pathways 72
34D Safety interface assessment by rail infrastructure
manager--rail infrastructure and relevant roadways or
pathways 73
34E Safety interface assessment by relevant road manager
of public roadway or pathway 74
34F Safety interface assessment by relevant road manager
of relevant roadway or pathway 75
34G Requirements under sections 34E and 34F not to affect
relevant road manager's functions, obligations or
powers 76
34H Identification and assessment of risks 76
34I Safety interface agreements 77
34J Safety Director may give directions if persons fail to
make safety interface agreements 77
34K Register of safety interface agreements 79
62 Application for variation of accreditation is required in certain
cases 80
63 New sections 54A and 54B inserted 83
54A Where application for variation relates to co-operative
rail operations 83
54B Prescribed conditions and restrictions 83
64 Accreditation exemptions for private siding rail operations 83
65 New section 69A inserted 83
"69A Accredited rail operators to provide information 83
66 General regulation making powers 85
67 Expiry of transitional accreditations and post new scheme
accreditations 85
PART 5--AMENDMENTS TO OTHER ACTS 86
Division 1--Marine Act 1988 86
68 Power to prosecute 86
Division 2--Rail Corporations Act 1996 86
69 Clearance of trees etc. 86
70 New section 60A inserted 87
60A Relevant rail operator to whom this section applies
may clear trees without obtaining permit 87
561055B.I-19/9/2007 v BILL LA INTRODUCTION 20/9/2007
Clause Page
Division 3--Road Management Act 2004 88
71 Definition 88
Division 4--Road Safety Act 1986 88
72 Definitions 88
73 Power to prosecute 89
74 Service of parking infringement notices 89
Division 5--Terrorism (Community Protection) Act 2003 90
75 New section 27A inserted 90
27A Delegation 90
76 Reference to relevant Minister 91
Division 6--Transport (Taxi-cab Accreditation and Other
Amendments) Act 2006 91
77 Reference to Division 91
78 Definition of taxi-cab network service 91
79 Duration of accreditation 92
80 Conditions and standards affecting accreditation 93
81 Effect of suspension of accreditation 93
82 Regulations 93
83 Effect on taxi-cab licences of certain outcomes 94
Division 7--Amendment to Victims of Crime Assistance Act 1996 95
84 Transport Act entitlement to be taken into account 95
PART 6--EXPIRY OF ACT 96
85 Expiry of Act 96
ENDNOTES 97
561055B.I-19/9/2007 vi BILL LA INTRODUCTION 20/9/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Transport Legislation Amendment Bill
2007
A Bill for an Act to amend the Transport Act 1983, the Public
Transport Competition Act 1995, the Rail Safety Act 2006 and
other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Transport Act 1983--
5 (i) to facilitate the use of smartcards for
public transport; and
(ii) to otherwise improve the operation and
enforcement of that Act; and
561055B.I-19/9/2007 1 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 1--Preliminary
s. 2
(b) to amend the Public Transport
Competition Act 1995--
(i) in relation to regular passenger service
contracts; and
5 (ii) to otherwise improve the operation of
that Act; and
(c) to amend the Rail Safety Act 2006 to
improve the operation of that Act; and
(d) to make miscellaneous amendments to--
10 (i) the Marine Act 1988; and
(ii) the Rail Corporations Act 1996; and
(iii) the Road Management Act 2004; and
(iv) the Road Safety Act 1986; and
(v) the Terrorism (Community
15 Protection) Act 2003; and
(vi) the Transport (Taxi-cab
Accreditation and Other
Amendments) Act 2006; and
(vii) the Victims of Crime Assistance Act
20 1996.
2 Commencement
(1) This Part, sections 6, 7, 8, 11, 13 to 20, 22 to 32,
34 to 37, 39, 40(1), 40(3), 40(4), 40(6), 54(2), 56,
59 and 67, Part 3 (except section 42) and
25 Divisions 1, 2, 5 and 6 of Part 5 and Part 6 come
into operation on the day after the day on which
this Act receives the Royal Assent.
(2) Subject to subsection (3), section 9 and Division 7
of Part 5 come into operation on a day to be
30 proclaimed.
561055B.I-19/9/2007 2 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 1--Preliminary
s. 2
(3) If section 9 and Division 7 of Part 5 do not come
into operation before 1 July 2008, they come into
operation on that day.
(4) Section 38 is deemed to have come into operation
5 on 7 August 2006.
(5) Sections 40(2) and 42 are deemed to have come
into operation on 1 July 2007.
(6) Section 40(5) is deemed to have come into
operation on 30 March 2007.
10 (7) Sections 54(1), 58, 60, 61, 64 and 66 and
Division 3 of Part 5 come into operation on 1 July
2010.
(8) Section 55 comes into operation on 1 March 2008.
(9) Sections 62 and 63 come into operation on 1 July
15 2008.
(10) Subject to subsection (11), Division 4 of Part 5
comes into operation on a day to be proclaimed.
(11) If Division 4 of Part 5 does not come into
operation before 1 July 2008, it comes into
20 operation on that day.
(12) Subject to subsection (13), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(13) If a provision referred to in subsection (12) does
25 not come into operation before 1 January 2009, it
comes into operation on that day.
__________________
561055B.I-19/9/2007 3 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 3
PART 2--AMENDMENTS TO TRANSPORT ACT 1983
Division 1--Smartcards
3 Definitions for Part VII
See: In section 208 of the Transport Act 1983 insert
Act No.
5 9921. the following definitions--
Reprint No. 12
as at "hand held reader means a portable device or
1 January
2007
combination of portable devices capable of
and copying or transferring information from a
amending
Act Nos
smartcard and displaying and recording that
10 95/2005, information;
97/2005,
9/2006, prescribed device means--
47/2006,
48/2006, (a) a smartcard; or
71/2006,
85/2006,
28/2007 and
(b) a hand held reader of a prescribed kind;
30/2007. or
LawToday:
15 www. (c) any other device prescribed by the
legislation.
vic.gov.au regulations for the purposes of sections
230AB, 230AD and 230AE;
smartcard means a plastic card or other thing
that--
20 (a) contains an imbedded computer
microchip capable of receiving, storing,
processing and transferring
information; and
(b) may lawfully be used for the purpose of
25 obtaining or proving an entitlement to
use a public transport service;".
561055B.I-19/9/2007 4 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 4
4 General evidentiary provision
After section 230(6) of the Transport Act 1983
insert--
"(7) A certificate purporting to be issued by--
5 (a) the Public Transport Ticketing Body; or
(b) the Chief Executive Officer of that
Body; or
(c) an officer, employee or agent of that
Body authorised for that purpose by the
10 Chief Executive Officer of that Body--
certifying as to any matter relating to a
smartcard issued by or on behalf of that
Body that appears in or can be calculated
from the records kept by that Body is
15 admissible in evidence in any proceedings
(other than proceedings for a ticket offence)
and, in the absence of evidence to the
contrary, is proof of that matter.".
5 New sections 230AB to 230AH inserted
20 After section 230A of the Transport Act 1983
insert--
"230AB Evidentiary provision--smartcards
(1) If a fact relating to a smartcard is relevant in
proceedings relating to a ticket offence,
25 evidence of that fact as indicated or
determined by a prescribed device that was
used in the prescribed manner (if any) or by
a printed document that was produced by a
prescribed process is admissible in evidence
30 in those proceedings.
561055B.I-19/9/2007 5 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 5
(2) For the purposes of this section, a fact relates
to a smartcard if it relates to--
(a) the smartcard itself, including its type,
identifying numbers and manner of
5 acquisition; or
(b) the holder of the smartcard; or
(c) the existence, or possible existence, of
an entitlement to use a public transport
service; or
10 (d) the use of the smartcard.
230AC Certificate of authorised officer who
operated hand held reader
(1) A certificate purporting to be issued by an
authorised officer who used a hand held
15 reader to copy or transfer information from a
smartcard produced to the authorised officer
for inspection certifying as to the
information copied or transferred from the
smartcard in relation to all or any of the
20 following matters--
(a) the card number;
(b) the card type;
(c) the name of the card holder (if
applicable);
25 (d) the use of the card;
(e) the entitlement to use a public transport
service--
is admissible in evidence in any proceedings
relating to a ticket offence.
30 (2) Subject to section 230AF, if a certificate is
issued under subsection (1) in respect of a
smartcard, it is presumed for the purposes of
any proceedings relating to a ticket offence
561055B.I-19/9/2007 6 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 5
that the smartcard had accurately recorded
and discharged the information copied or
transferred from it by the hand held reader.
230AD Certificate in respect of prescribed devices
5 and processes
A certificate purporting to be issued by a
person authorised by the Public Transport
Ticketing Body or the Chief Executive
Officer of that Body certifying that--
10 (a) at all relevant times the prescribed
devices specified in the certificate had
operated correctly and had indicated or
determined the facts (if any) stated in
the certificate; or
15 (b) at all relevant times, the printed
documents specified in the certificate
had been produced by a prescribed
process--
is admissible in evidence in any proceedings
20 relating to a ticket offence.
230AE Notice by informant
(1) If the informant in proceedings relating to a
ticket offence serves on the defendant, by the
required time, a copy of a certificate referred
25 to in section 230AC, the certificate is
conclusive proof of--
(a) the facts and matters stated in that
certificate; and
(b) the fact that the hand held reader used
30 was a prescribed device; and
(c) the fact that the hand held reader was
used in the prescribed manner (if any);
and
561055B.I-19/9/2007 7 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 5
(d) the fact that the hand held reader had
operated correctly.
(2) If the informant in proceedings relating to a
ticket offence serves on the defendant, within
5 the required time, a notice setting out the
presumptions set out in section 230AC(2),
the facts that are the subject of the
presumptions are to be taken to have been
conclusively proved.
10 (3) If the informant in proceedings relating to a
ticket offence serves on the defendant, within
the required time, copy of a certificate
referred to in section 230AD, the certificate
is conclusive proof--
15 (a) that the person giving the certificate
was authorised to do so; and
(b) in the case of a certificate under section
230AD(a) of--
(i) the fact that at all relevant times
20 the prescribed devices specified in
the certificate had operated
correctly; and
(ii) the facts (if any) stated in the
certificate as indicated or
25 determined by the prescribed
devices; and
(c) in the case of a certificate under section
230AD(b) of--
(i) the fact that at all relevant times
30 the printed documents specified in
the certificate had been produced
by a prescribed process; and
(ii) the facts indicated or determined
by the printed documents.
561055B.I-19/9/2007 8 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 5
(4) This section is subject to section 230AF.
(5) In this section required time means no less
than 56 days before the hearing for the
relevant ticket offence.
5 230AF Notice by defendant
(1) The defendant in any proceedings relating to
a ticket offence may give notice in writing to
the informant not less than 28 days before
the hearing, or any shorter period ordered by
10 the court or agreed to by the informant,
that--
(a) he or she requires the person giving a
certificate referred to in section 230AD
to be called as a witness; or
15 (b) he or she intends to adduce evidence in
rebuttal of any fact or matter--
(i) stated in a certificate referred to in
section 230AC or 230AD; or
(ii) referred to in section 230AE(1) or
20 230AE(3); or
(c) he or she intends to adduce evidence in
rebuttal of any fact that is the subject of
a presumption set out in section
230AC(2).
25 (2) A notice under subsection (1) must specify
any fact or matter with which issue is taken
and indicate the nature of any expert
evidence that the defendant intends to have
adduced at the hearing.
30 (3) The defendant may not, except with the
leave of the court, introduce expert evidence
at the hearing if the nature of that evidence
was not indicated in a notice under
subsection (1).
561055B.I-19/9/2007 9 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 5
(4) Subject to subsection (7), if a defendant
gives a notice to the informant in accordance
with subsection (1)(a), the certificate remains
admissible as evidence of the facts or matters
5 contained in the certificate or referred to in
section 230AE(3) but ceases to be conclusive
proof of those facts or matters.
(5) Despite any order under subsection (7), if a
defendant gives a notice to the informant
10 under subsection (1)(b) in relation to a fact
or matter contained in a certificate or
referred to in section 230AE(1) or 230AE(3),
the certificate--
(a) remains admissible as evidence of that
15 fact or matter but ceases to be
conclusive proof of that fact or matter;
and
(b) remains admissible as conclusive proof
of the facts or matters contained in the
20 certificate or referred to in section
230AE(1) or 230AE(3) that are not
specified in the notice.
(6) If a defendant gives notice to the informant
under subsection (1)(c) in relation to a fact
25 set out in section 230AC(2), that fact ceases
to be presumed and ceases to be taken to be
conclusively proved but the certificate if
admitted in evidence is deemed to be
evidence of that fact.
30 (7) If a defendant gives notice to the informant
in accordance with subsection (1)(a) that he
or she requires the person giving a certificate
referred to in section 230AD to be called as a
witness and the court is satisfied that that
35 person--
(a) is dead; or
561055B.I-19/9/2007 10 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 5
(b) is unfit by reason of his or her bodily or
mental condition to testify as a witness;
or
(c) has ceased to be a person authorised by
5 the Public Transport Ticketing Body or
the Chief Executive Officer of that
Body or is out of Victoria and it is not
reasonably practicable to secure his or
her attendance; or
10 (d) cannot with reasonable diligence be
found--
the court must order that section 230AE has
effect as if the notice had not been given.
230AG Informant may adduce evidence in
15 relation to ticket offence
(1) Nothing in section 230AE prevents the
informant adducing evidence to explain any
fact or matter contained in a certificate
referred to in that section.
20 (2) If an informant adduces evidence as
provided in subsection (1), the certificate
remains admissible in evidence but ceases to
be conclusive proof of that fact or matter
only.
25 230AH Regulations
(1) The Governor in Council may make
regulations for or with respect to--
(a) prescribing devices for the purposes of
sections 230AB, 230AD and 230AE
30 and the manner of using (including
testing) those devices; and
(b) the processes for loading information
onto a prescribed device, copying or
transferring information between
35 prescribed devices, storing of
561055B.I-19/9/2007 11 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 5
information by a prescribed device and
producing a printed record of
information stored by a prescribed
device; and
5 (c) generally prescribing any other matter
or thing required or permitted by this
Division to be prescribed or necessary
to be prescribed to give effect to this
Division.
10 (2) The regulations--
(a) may be of general or of specially
limited application; and
(b) may differ according to differences in
time, place or circumstance; and
15 (c) may require a matter affected by the
regulations to be--
(i) in accordance with a specified
standard or specified requirement;
or
20 (ii) approved by or to the satisfaction
of a specified person or a specified
class of person; or
(iii) as specified in both subparagraphs
(i) and (ii); and
25 (d) may apply, adopt or incorporate any
matter contained in any document
whether--
(i) wholly or partially or as amended
by the regulations; or
30 (ii) as in force at a particular time or
as in force from time to time; and
(e) may confer a discretionary authority or
impose a duty on a specified person or
a specified class of person.".
561055B.I-19/9/2007 12 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 6
Division 2--Other amendments
6 Definitions
In section 2(1) of the Transport Act 1983 insert
the following definitions--
5 "entitlement to use a public transport service
includes an entitlement to use a public
transport service arising under a contract or
arrangement with, or under a licence or
permission given by, the Public Transport
10 Ticketing Body or a bus company or
passenger transport company;
Public Transport Ticketing Body means--
(a) the State body established for the
purposes of the State Owned
15 Enterprises Act 1992 by Order in
Council made on 17 June 2003 and
published in Special Government
Gazette S119 on 17 June 2003; or
(b) if the State body referred to in
20 paragraph (a) is declared to be a State
business corporation (by whatever
name called) under the State Owned
Enterprises Act 1992, that State
business corporation;".
25 7 Director of Public Transport--Functions and
powers
(1) In section 9(7) of the Transport Act 1983, before
"power of the Director" insert "function or".
(2) In section 9AA of the Transport Act 1983, for
30 "9(4)" substitute "9(4)(b) or 9(4)(ba)".
561055B.I-19/9/2007 13 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 8
8 Safety Director--Functions and powers
(1) In section 9T(1)(b)(iii) of the Transport Act
1983, for "that the Minister may make" substitute
"made".
5 (2) In section 9Y of the Transport Act 1983 after
"her" (where first occurring) insert "functions or".
9 New section 12 inserted
After section 11 of the Transport Act 1983
insert--
10 "12 Financial assistance to train drivers
following fatal incidents
(1) The Director of Public Transport must grant
to a train driver engaged by a train operator
an amount of financial assistance equal to the
15 prescribed amount if the Director is satisfied
that the train driver is eligible under this
section to be awarded that amount.
(2) A train driver is eligible under this section to
be awarded financial assistance if--
20 (a) the train driver was driving a train that
was involved in an incident in which
one or more persons died either by
being struck by the train or by being in
a vehicle struck by a train; and
25 (b) the incident occurred on or after the
commencement of section 9 of the
Transport Legislation Amendment
Act 2007.
(3) A train driver is not eligible for financial
30 assistance under this section if the train
driver was convicted or found guilty of an
offence under Part 6 of the Rail Safety Act
2006 involving alcohol or drugs in relation
to the incident.
561055B.I-19/9/2007 14 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 10
(4) The financial assistance granted under this
section must be paid out of the Public
Transport Fund as a lump sum.
(5) Despite anything to the contrary in the
5 Accident Compensation Act 1985 or the
Transport Accident Act 1986, a grant of
financial assistance under this section is not
to be taken into account in determining any
amount of compensation, assistance or
10 payment of any kind that the train driver is
entitled to receive under either of those Acts.
Note
The financial assistance that a train driver has been
awarded or is eligible to be awarded under this section
15 is to be taken into account to reduce the amount of
financial assistance awarded to the train driver under
the Victims of Crime Assistance Act 1996. See
section 16(ac) of that Act.
(6) In this section the prescribed amount of
20 financial assistance is $1300 or any higher
amount that is prescribed as the maximum
amount for the purposes of section 8A of the
Victims of Crime Assistance Act 1996 in
relation to a category C act of violence.".
25 10 New section 158A substituted
For section 158A of the Transport Act 1983
substitute--
"158A Touting
(1) A person who at a specified place--
30 (a) touts for the business of the hire of a
motor vehicle; or
(b) makes an offer to hire a motor vehicle;
or
(c) solicits custom for the hire of a motor
35 vehicle; or
561055B.I-19/9/2007 15 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 10
(d) induces a person to hire a motor
vehicle--
by personally approaching a person on his or
her own behalf or on behalf of another
5 person or by displaying advertising material
on or about his or her person is guilty of an
offence.
(2) A person who at a place other than a
specified place--
10 (a) touts for the business of the hire of a
motor vehicle; or
(b) makes an offer to hire a motor vehicle;
or
(c) solicits custom for the hire of a motor
15 vehicle; or
(d) induces a person to hire a motor
vehicle--
by personally approaching a person on his or
her own behalf or on behalf of another
20 person or by displaying advertising material
on or about his or her person is guilty of an
offence.
(3) A person who is guilty of an offence under
this section is liable to a penalty not
25 exceeding 50 penalty units.
(4) A person is not guilty of an offence under
subsection (2) if--
(a) the motor vehicle is a licensed
commercial passenger vehicle; and
30 (b) the conduct set out in subsection (2) is
not in breach of the conditions of the
licence or the regulations.
561055B.I-19/9/2007 16 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 11
(5) The Director of Public Transport may by
notice published in the Government Gazette
specify places for the purposes of this
section.
5 (6) In this section--
advertising material does not include an
insignia or business name when it
forms part of a uniform;
hire, in relation to a motor vehicle, means
10 the hire of that vehicle together with the
provision of a driver.".
11 Security cameras and the privacy of passengers
In sections 158B(1) and 158B(2) of the
Transport Act 1983, after "regulations"
15 (wherever occurring) insert "(if any)".
12 Regulations relating to taxi-cab equipment
After section 162(1)(bb) of the Transport Act
1983 insert--
"(bc) information derived from or contained in
20 equipment permitted by or under the
regulations to be used in or on a taxi-cab,
including--
(i) the keeping of the information; and
(ii) the provision of the information to the
25 licensing authority; and
(iii) the inspection or auditing of the
information by or on behalf of the
licensing authority;".
561055B.I-19/9/2007 17 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 13
13 Imposition of conditions of accreditation
After section 169A(3) of the Transport Act 1983
insert--
"(4) The Director must give the person to whom a
5 driver accreditation is issued, or whose
driver accreditation is renewed, a written
copy of any conditions the Director imposes
on the relevant driver accreditation.".
14 Disqualification by Director from ability to apply
10 for accreditation
(1) In section 169C(3)(b) of the Transport Act 1983,
for "category 1 offence" substitute "category 2
offence or category 3 offence".
(2) Sections 169C(5)(c) and 169C(5)(d) of the
15 Transport Act 1983 are repealed.
15 Certificate of accreditation
(1) In section 169D(b)(ii) of the Transport Act 1983,
for "drive; and" substitute "drive.".
(2) Section 169D(b)(iii) of the Transport Act 1983 is
20 repealed.
16 New sections 169EA to 169EC inserted
After section 169E of the Transport Act 1983
insert--
"169EA Mandatory suspension in certain
25 circumstances
(1) This section applies if the holder of a driver
accreditation has his or her driver licence or
probationary licence under the Road Safety
Act 1986 suspended or cancelled under that
30 Act.
561055B.I-19/9/2007 18 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 16
(2) The Director must suspend that person's
driver accreditation.
(3) A suspension under this section of a driver
accreditation remains in force until the
5 Director reinstates the accreditation of the
person in accordance with section 169EB.
169EB Reinstatement of driver accreditation in
certain circumstances where it has been
suspended
10 The Director must reinstate the accreditation
of a person suspended in accordance with
section 169EA if--
(a) the person gives evidence, to the
satisfaction of the Director, that--
15 (i) the suspension of the person's
driver licence or probationary
licence under the Road Safety
Act 1986 has ceased; or
(ii) the person has been granted a
20 driver licence or probationary
licence under the Road Safety
Act 1986; and
(b) there are no grounds for the Director to
consider taking action under section
25 169I(1).
169EC Person whose driver licence or
probationary licence is suspended or
cancelled must notify the Director
The holder of a driver accreditation, whose
30 driver licence or probationary licence under
the Road Safety Act 1986 is suspended or
cancelled under that Act, must, within 7 days
of that suspension or cancellation--
561055B.I-19/9/2007 19 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 17
(a) notify the Director of that suspension or
cancellation; and
(b) return to the Director his or her
certificate of accreditation.
5 Penalty: 5 penalty units.".
17 Review of decision by VCAT
(1) In section 169O(1)(c) of the Transport Act 1983,
for "Division." substitute "Division; or".
(2) After section 169O(1)(c) of the Transport Act
10 1983 insert--
"(d) a determination of the Director to disqualify
the person from applying for the issue of an
accreditation under this Division (where the
person's application for the issue or renewal
15 of that accreditation is refused); or
(e) a decision of the Director not to, or a failure
by the Director to, under section 169EB
reinstate the accreditation of a person
suspended in accordance with
20 section 169EA.".
18 New section 169R substituted
For section 169R of the Transport Act 1983
substitute--
"169R Offence not to notify change of address
25 and give driver accreditation
The holder of a driver accreditation must,
within 7 days of changing his or her
residential address--
(a) notify the Director of the change of
30 residential address; and
561055B.I-19/9/2007 20 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 19
(b) return to the Director his or her
certificate of accreditation.
Penalty: 5 penalty units.".
19 Notification of suspension or cancellation of
5 accreditation
(1) In section 169S of the Transport Act 1983--
(a) for "person who holds a licence or
accreditation to operate a vehicle as a
commercial passenger vehicle under
10 Division 5," substitute "relevant operator";
and
(b) for "holder of the licence or accreditation"
substitute "relevant operator".
(2) At the end of section 169S of the Transport Act
15 1983 insert--
"(2) In this section--
relevant operator means a person who--
(a) is the operator of a taxi-cab; or
(b) holds a licence granted under
20 Division 5 in respect of a
commercial passenger vehicle
(other than a taxi-cab); or
(c) is an accredited person.
Note
25 Accredited person is defined in the
Public Transport Competition Act
1995. See also section 3(3) of that Act.".
561055B.I-19/9/2007 21 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 20
20 New section 169WA inserted
After section 169W of the Transport Act 1983
insert--
"169WA Operator must not permit non-accredited
5 driver to drive commercial passenger
vehicle etc.
(1) In this section--
relevant operator means a person who--
(a) is an operator of a taxi-cab; or
10 (b) holds a licence granted under
Division 5 in respect of a
commercial passenger vehicle
(other than a taxi-cab); or
(c) is an accredited person.
15 Note
Accredited person is defined in the
Public Transport Competition Act
1995. See also section 3(3) of that Act.
(2) A relevant operator must not permit a person
20 who is not a holder of a driver accreditation
(the second person) to drive--
(a) a commercial passenger vehicle
operated by the relevant operator; or
(b) a vehicle being used by the relevant
25 operator for the operation of a private
bus service.
Penalty: 10 penalty units.
(3) A relevant operator is not guilty of an
offence under subsection (2) if the operator
30 believed, after making all reasonable
enquiries, that the second person was the
holder of a driver accreditation.".
561055B.I-19/9/2007 22 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 21
21 New section 169WB inserted
After section 169WA of the Transport Act 1983
insert--
"169WB Holder of accreditation must not permit
5 non-accredited driver to drive commercial
passenger vehicle etc.
(1) The holder of a driver accreditation must not
permit a person who is not a holder of a
driver accreditation (the second person) to
10 drive--
(a) a commercial passenger vehicle; or
(b) a vehicle being used for the operation
of a private bus service.
Penalty: 10 penalty units.
15 (2) A holder of a driver accreditation is not
guilty of an offence under subsection (1) if
the holder believed, after making all
reasonable enquiries, that the second person
was the holder of a driver accreditation.".
20 22 Director may determine conditions
After section 220D(1) of the Transport Act 1983
insert--
"(1A) A condition determined under subsection (1)
may apply, adopt or incorporate any matter
25 contained in any document whether--
(a) wholly or partially or as amended by
the condition; or
(b) as in force at a particular time or as in
force from time to time.".
561055B.I-19/9/2007 23 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 23
23 New section 220DA inserted
After section 220D of the Transport Act 1983
insert--
"220DA Conditions relating to overseas student
5 travel
(1) The conditions determined under section
220D(1) may include a condition providing
that overseas students or specified classes of
overseas students are not eligible for student
10 concessions to use a public transport service.
(2) If the conditions under section 220D include
a condition of a kind referred to in
subsection (1), overseas students or overseas
students of a class specified in the condition
15 are not entitled to student concessions to use
a public transport service to which the
condition applies.
(3) The determination or publication by the
Director under section 220D of, or
20 compliance by a person with, a condition of
a kind referred to in subsection (1) does not
constitute discrimination on the basis of race
for the purposes of the Equal Opportunity
Act 1995.
25 (4) For the avoidance of doubt it is declared
that--
(a) the determination or publication by the
Director under section 220D of, or the
compliance by a person with, any
30 condition determined under section
220D before the commencement day;
or
(b) the approval by the Secretary or
Director of the determination of, or the
35 determination or publication by a
passenger transport company or a bus
561055B.I-19/9/2007 24 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 23
company of, or the compliance by any
person with, any condition determined
under section 221(1A) before its
repeal--
5 that provided that overseas students or
overseas students of a class specified in the
condition were not eligible for student
concessions to use a public transport service
is to be taken--
10 (c) never to have constituted discrimination
on the basis of race for the purposes
only of the Equal Opportunity Act
1995; and
(d) to be and always to have been conduct
15 that was authorised.
(5) Subsection (4) does not apply to affect--
(a) any decision in respect of, or any
proceeding arising from, Complaint No.
3064890 before the Victorian Human
20 Rights and Equal Opportunity
Commission to the extent only that that
complaint or proceeding applies to Elva
Zhang; or
(b) any proceeding that was completed or
25 in which judgment was given before the
commencement day.
(6) In this section--
commencement day means the date of
commencement of section 23 of the
30 Transport Legislation Amendment
Act 2007;
overseas student means a person holding a
visa under the Migration Act 1958 of
the Commonwealth which allows the
35 person, whether expressly or otherwise,
561055B.I-19/9/2007 25 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 24
to study in Victoria but does not
include a person who is--
(a) an Australian citizen; or
(b) a permanent resident of Australia;
5 or
(c) a student with refugee status; or
(d) an overseas exchange student; or
(e) in receipt of an Australian
Development Scholarship from
10 the Commonwealth
Government.".
24 New section 222B inserted
Before section 223 of the Transport Act 1983
insert--
15 "222B Interference with prescribed equipment
(1) A person must not--
(a) move or attempt to move; or
(b) interfere with or attempt to interfere
with; or
20 (c) tamper or attempt to tamper with--
any prescribed equipment or equipment in a
prescribed class of equipment owned by the
Public Transport Ticketing Body or operated
by or on behalf of the Public Transport
25 Ticketing Body.
Penalty: 20 penalty units.
(2) Subsection (1) does not apply to anything
done by any person acting on behalf of, or
with the permission of, the Public Transport
30 Ticketing Body.".
561055B.I-19/9/2007 26 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 25
25 No requirement for photograph of officer on
identity cards in certain cases
(1) In section 228U(2) of the Transport Act 1983--
(a) in paragraph (a), omit "and a photograph";
5 (b) in paragraph (b), for "this Division."
substitute "section 228T; and";
(c) after paragraph (b) insert--
"(c) subject to subsection (3), contain a
photograph of the transport safety
10 officer appointed under section 228T.".
(2) After section 228U(2) of the Transport Act 1983
insert--
"(3) An identity card need not contain a
photograph of the transport safety officer if
15 the officer being issued with the identity card
has been appointed under section 228T to
only exercise powers under Part 6 of the Rail
Safety Act 2006.".
26 Forfeiture
20 In section 228ZV(2)(c) of the Transport Act
1983 omit "under an order".
27 New section 228ZX inserted
For section 228ZX of the Transport Act 1983
substitute--
25 "228ZX Forfeiture of seized thing
(1) Any thing that a transport safety officer has
seized and retained under this Division is
forfeited to the State if the transport safety
officer--
30 (a) cannot find the thing's owner despite
making reasonable enquiries; or
561055B.I-19/9/2007 27 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 28
(b) cannot return the thing to the owner
despite making reasonable efforts; or
(c) considers it necessary to retain the thing
to prevent the commission of an
5 offence against a relevant transport
safety law.
(2) If a thing is forfeited to the State under
subsection (1)(c), the transport safety officer
must notify (in writing) the owner
10 accordingly, setting out how the owner may
seek review of the decision to forfeit the
thing, unless the transport safety officer
cannot find the owner despite making
reasonable enquiries.".
15 28 Compensation for damage caused during exercise of
powers under Division 4B of Part VII
In section 228ZZB(2)(b) of the Transport Act
1983 for "in searching for" substitute
"in inspecting, or searching for,".
20 29 Improvement notices
In section 228ZZC(6) of the Transport Act 1983
for "has certified in writing that the contravention,
likely contravention, matters or activities have
been remedied" substitute "serves a clearance
25 certificate under section 228ZZH".
30 New section 228ZZH substituted
For section 228ZZH of the Transport Act 1983
substitute--
"228ZZH Clearance certificates for improvement
30 notices
(1) This section applies if the Safety Director or
a transport safety officer is satisfied that a
relevant person served with an improvement
notice has complied with all the
561055B.I-19/9/2007 28 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 31
requirements of, or a requirement of, that
notice.
(2) The Safety Director or a transport safety
officer must serve a clearance certificate on
5 the relevant person to the effect that (as the
case requires)--
(a) all of the requirements of the
improvement notice have been
complied with; or
10 (b) the specific requirement of the
improvement notice has been complied
with.
(3) The clearance certificate must be served as
soon as practicable after the Safety Director
15 or a transport safety officer is so satisfied.
(4) A requirement of the improvement notice to
which the clearance certificate relates ceases
to be operative on receipt by the relevant
person of that certificate.".
20 31 Proceedings for offences not affected by
improvement notices
(1) In the heading to section 228ZZI of the
Transport Act 1983 after "notices" insert
"or clearance certificates".
25 (2) At the end of section 228ZZI of the Transport
Act 1983 insert--
"(2) The issue of a clearance certificate under
section 228ZZH in respect of an
improvement notice does not affect any
30 proceedings for an offence against a relevant
transport safety law in connection with any
matter in respect of which the improvement
notice was served.".
561055B.I-19/9/2007 29 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 32
32 Prohibition notice
In section 228ZZJ(2) of the Transport Act 1983
for "has certified in writing that the matters that
give or will give rise to the risk have been
5 remedied" substitute "serves a certificate under
section 228ZZN".
33 New section 228ZZKA inserted
After section 228ZZK of the Transport Act 1983
insert--
10 "228ZZKA Oral direction before prohibition notice
served
(1) This section applies if the Safety Director or
a transport safety officer--
(a) believes on reasonable grounds that an
15 activity referred to in section
228ZZJ(1) is occurring or may occur;
and
(b) considers that it is not possible or
reasonable to immediately serve a
20 prohibition notice under that section.
(2) The Safety Director or transport safety
officer may give an oral direction to a person
who has or appears to have control over the
activity to do or not to do a stated act by
25 telling the person--
(a) to do or not to do the stated act; and
(b) the reason for the Safety Director or
transport safety officer giving the
direction.
561055B.I-19/9/2007 30 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 34
(3) A person to whom a direction is given under
subsection (2) must comply with the
direction unless the person has a reasonable
excuse.
5 Penalty: In the case of a natural person,
500 penalty units;
In the case of a body corporate,
2500 penalty units.
(4) It is a reasonable excuse if the Safety
10 Director or transport safety officer did not
tell the person that the person commits an
offence if the person does not comply with
the direction.
(5) If the Safety Director or transport safety
15 officer gives a direction under subsection (2)
in respect of an activity but does not, within
5 days after giving the direction, serve a
prohibition notice in respect of the activity,
the direction ceases to have effect.
20 (6) An offence against subsection (3) is an
indictable offence.
Note
However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
25 Magistrates' Court Act 1989).".
34 New section 228ZZN substituted
For section 228ZZN of the Transport Act 1983
substitute--
"228ZZN Certificates that matters that give rise to
30 immediate risks to safety remedied
(1) This section applies if the Safety Director or
a transport safety officer is satisfied that a
relevant person served with a prohibition
notice has remedied all of the matters or a
35 matter--
561055B.I-19/9/2007 31 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 35
(a) that gave, or will give, rise to an
immediate risk to the safety of a person
or rail operations because of the
carrying out of the activity; and
5 (b) specified in the prohibition notice.
(2) The Safety Director or a transport safety
officer must serve a certificate on the
relevant person to the effect that (as the case
requires)--
10 (a) all of the matters or the matter that gave
rise to an immediate risk to the safety
of a person or rail operations because of
the activity specified in the prohibition
notice have been remedied; or
15 (b) all of the matters or the matter that
could have given rise to an immediate
risk to the safety of a person or rail
operations because of the activity
specified in the prohibition notice have
20 been remedied.
(3) The certificate must be served as soon as
practicable after the Safety Director or
transport safety officer is so satisfied.
(4) A matter raised in the prohibition notice that
25 has been remedied to the satisfaction of the
Safety Director or transport safety officer,
and to which the certificate relates, ceases to
be operative on receipt by the relevant
person of that certificate.".
30 35 Proceedings for offences not affected by prohibition
notices
(1) In the heading to section 228ZZO of the
Transport Act 1983 after "notices" insert
"or certificates issued under section 228ZZN".
561055B.I-19/9/2007 32 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 36
(2) In section 228ZZO of the Transport Act 1983
after "service" insert ", amendment or
withdrawal".
(3) At the end of section 228ZZO of the Transport
5 Act 1983 insert--
"(2) The issue of a certificate under section
228ZZN in respect of a prohibition notice
does not affect any proceedings for an
offence against a relevant transport safety
10 law in connection with any matter in respect
of which the prohibition notice was served.".
36 Reviewable decisions
(1) In section 228ZZQ(1)(a) of the Transport Act
1983, after "Subdivisions" insert "7,".
15 (2) In the Table in section 228ZZQ of the Transport
Act 1983, before item 1 insert the following
item--
"1AA Section 228ZX The owner of the thing
(forfeiture of seized forfeited.".
things)
37 New sections 230DA to 23DC inserted
After section 230D of the Transport Act 1983
20 insert--
"230DA Exclusion orders
(1) A court that finds a person guilty of an
offence against a relevant transport safety
law may, on the application of the prosecutor
25 or the Safety Director, if the court considers
the person to be a systematic or persistent
offender against the relevant transport safety
laws, make an order under this section.
(2) For the purpose of restricting opportunities
30 for the person to commit or be involved in
the commission of further offences against
relevant transport safety laws, the court may,
561055B.I-19/9/2007 33 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 37
if it considers it appropriate to do so, make
an exclusion order prohibiting the person, for
a specified period, from--
(a) managing rail infrastructure, or
5 operating rolling stock, or managing or
operating a particular type of rail
infrastructure or rolling stock; or
(b) being a director, secretary or officer
concerned in the management of a body
10 corporate involved in managing rail
infrastructure that is in the State or
operating rolling stock in the State; or
(c) being involved in managing rail
infrastructure that is in the State or
15 operating rolling stock in the State
except by driving a train or rolling
stock.
(3) The court may only make an order under this
section if it is satisfied that the person should
20 not continue the things the subject of the
proposed order and that a supervisory
intervention order under section 230C is not
appropriate, having regard to--
(a) the offences against a relevant transport
25 safety law of which the person has
previously been found guilty; and
(b) any other offences or other matters that
the court considers to be relevant to the
conduct of the person in connection
30 with rail operations.
(4) A court that has power to make an exclusion
order may revoke or amend the exclusion
order on the application of--
(a) the Safety Director; or
561055B.I-19/9/2007 34 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 38
(b) the person in respect of whom the order
was made, but in that case only if the
court is satisfied that there has been a
change of circumstances warranting the
5 revocation or amendment.
230DB Corporations Act displacement
Section 230DA is declared to be a
Corporations legislation displacement
provision for the purposes of section 5G of
10 the Corporations Act in relation to the
provisions of Chapter 2D of that Act.
Note
Section 5G of the Corporations Act provides that if a State
law declares a provision of a State law to be a Corporations
15 legislation displacement provision, any provision of the
Corporations legislation with which the State provision
would otherwise be inconsistent does not apply to the extent
necessary to avoid the inconsistency.
230DC Contravention of exclusion order
20 A person who is subject to an exclusion
order must not engage in conduct that results
in a contravention of the order.
Penalty: In the case of a natural person,
120 penalty units;
25 In the case of a body corporate,
600 penalty units.".
38 Saving of delegations
After section 271(1) of the Transport Act 1983
insert--
30 "(1A) An instrument of delegation made by the
Secretary under section 32(1A) and in force
immediately before the commencement of
section 31(1) of the Transport Legislation
(Further Amendment) Act 2006 is on that
35 commencement deemed to be an instrument
561055B.I-19/9/2007 35 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 39
of delegation made by the Director under
section 9(7) to the extent that a power
delegated under that instrument is a power
under a relevant section or a power conferred
5 on a licensing authority by or under this
Act.".
39 Transitional provisions--taxi-cab accreditation
(1) In section 272(1) of the Transport Act 1983 for
"12 months" substitute "2 years".
10 (2) After section 272(2) of the Transport Act 1983
insert--
"(2A) If--
(a) an application for the grant of a taxi-
cab licence under section 143 or 143A;
15 or
(b) an application under section 149 for
authority to transfer a taxi-cab licence;
or
(c) an application under section 150 for
20 authority to assign the right to operate a
vehicle under a taxi-cab licence--
is made but not determined before the
commencement of Part 2 of the Transport
(Taxi-cab Accreditation and Other
25 Amendments) Act 2006, the application
must be considered and determined in
accordance with this Act as in force
immediately before that commencement.
(2B) Subject to this section, a person who holds a
30 taxi-cab licence--
(a) that was granted to the person in
response to an application to which
subsection (2A)(a) applies; or
561055B.I-19/9/2007 36 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 39
(b) that was transferred to the person in
response to an application to which
subsection (2A)(b) applies--
is deemed for the period commencing on the
5 date of the grant or transfer of the taxi-cab
licence (as the case requires) and ending
2 years after the commencement of Part 2 of
the Transport (Taxi-cab Accreditation and
Other Amendments) Act 2006 to be
10 accredited under Division 4 of Part VI as a
taxi-cab licence holder.
(2C) Subject to this section, a person to whom the
right to operate a vehicle under a taxi-cab
licence is assigned under an assignment for
15 which an authority was given in response to
an application to which subsection (2A)(c)
applies is deemed for the period
commencing on the date that the authority
was given and ending 2 years after the
20 commencement of Part 2 of the Transport
(Taxi-cab Accreditation and Other
Amendments) Act 2006 to be accredited
under Division 4 of Part VI as a taxi-cab
operator.
25 (2D) Subject to this section, if, before a taxi-cab
licence is granted or transferred to a person
in response to an application to which
subsection (2A)(a) or (2A)(b) applies, the
licensing authority determines on reasonable
30 grounds that the person does not intend to
assign the right to operate a vehicle under the
licence to another person--
(a) the licensing authority may determine
that the person is to be accredited as a
35 taxi-cab operator; and
561055B.I-19/9/2007 37 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 2--Amendments to Transport Act 1983
s. 40
(b) if a determination under paragraph (a)
is made and notified in writing to the
person, the person is deemed for the
period commencing on the date that the
5 licence was granted or transferred and
ending 2 years after the commencement
of Part 2 of the Transport (Taxi-cab
Accreditation and Other
Amendments) Act 2006 to be
10 accredited under Division 4 of Part VI
as a taxi-cab operator.".
(3) In sections 272(3) and 272(4) of the Transport
Act 1983 for "subsection (1) or (2)" substitute
"subsection (1), (2), (2B), (2C) or (2D)".
15 40 Statute law revision
(1) In section 32(1)(b) of the Transport Act 1983,
for "sections 82 and" substitute "section".
(2) In section 86(1) of the Transport Act 1983, in the
definition of driver accreditation, for "165"
20 substitute "166".
(3) In section 221S(1) of the Transport Act 1983, for
"221C(2)(a)" substitute "221C(1)(a)".
(4) In section 223 of the Transport Act 1983, for
"owed" substitute "owned".
25 (5) In section 228H of the Transport Act 1983--
(a) in subsection (4)--
(i) for "(3) must" substitute "(2) must";
(ii) for "(5)" substitute "(3)";
(b) in subsection (5)(a), for "(3)" substitute
30 "(1)".
(6) In section 228ZZJ(2) (where twice occurring),
228ZZJ(6) and 228ZZL(4) of the Transport Act
1983, for "carrying on" substitute "carrying out".
__________________
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Part 3--Amendments to Public Transport Competition Act 1995
s. 41
PART 3--AMENDMENTS TO PUBLIC TRANSPORT
COMPETITION ACT 1995
41 New definition of motor vehicle inserted and
definition of bus amended
5 (1) In section 3(1) of the Public Transport See:
Act No.
Competition Act 1995 insert the following 68/1995.
definition-- Reprint No. 2
as at
17 June 2004
"motor vehicle means a motor vehicle within the and
meaning of the Road Safety Act 1986 and amending
Act Nos
10 includes a trailer attached to the motor 95/2005,
vehicle;". 9/2006 and
47/2006.
(2) In section 3(1) of the Public Transport LawToday:
www.
Competition Act 1995, in the definition of bus, legislation.
after "means a" insert "motor". vic.gov.au
15 42 Conditions of accreditation
In section 10(1)(a) of the Public Transport
Competition Act 1995, for "driver's certificate
granted under section 156(2) of the Transport
Act 1983 will be employed or engaged as a driver
20 of" substitute "driver accreditation (within the
meaning of section 86(1) of the Transport Act
1983) will be permitted to drive".
43 New Division 1 heading inserted into Part 3
Before section 25 of the Public Transport
25 Competition Act 1995 insert--
"Division 1--Service contract requirement for
regular passenger services".
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s. 44
44 Associate (sub-contracted) operators
After section 25(2) of the Public Transport
Competition Act 1995 insert--
"(3) Subsection (1) or (2) does not apply if the
5 person operates a regular passenger service
within (or partly within) the State--
(a) under a subcontract or other
arrangement with the holder of a
service contract (the primary service
10 contract); and
(b) the subcontract or other arrangement is
authorised or otherwise permitted under
the primary service contract.".
45 New Division 2 heading inserted into Part 3
15 After section 25 of the Public Transport
Competition Act 1995 insert--
"Division 2--Service contracts".
46 Interested persons
For section 26(4) of the Public Transport
20 Competition Act 1995 substitute--
"(4) In awarding a service contract the Director
may apply any principles determined by him
or her for the purpose of awarding service
contracts.
25 (4A) The Director must give a copy of the
principles referred to in subsection (4) to--
(a) a person whom the Director invites to
tender for a service contract;
(b) a person who tenders for a service
30 contract;
(c) a person who applies to the Director for
the granting of a service contract;
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Part 3--Amendments to Public Transport Competition Act 1995
s. 47
(d) a person who requests, in writing, a
copy of the principles.".
47 Service contracts may also provide for penalties for
breaches of performance requirements
5 For section 27(3)(b) of the Public Transport
Competition Act 1995 substitute--
"(b) monetary or other penalties--
(i) for a breach of contract;
(ii) for a failure (not being a breach of
10 contract) to meet a performance
requirement specified in the contract;
(iii) payable on the termination of the
contract;
(ba) the recovery of monetary and other penalties
15 referred to in paragraph (b) in accordance
with the contract or this Act;".
48 New section 27A inserted
After section 27 of the Public Transport
Competition Act 1995 insert--
20 "27A Civil penalty provisions in operative
service contracts
(1) In this section--
operative service contract means a service
contract that--
25 (a) is in force on the day on which
section 48 of the Transport
Legislation Amendment Act
2007 comes into operation; or
(b) is entered into on or after the day
30 on which section 48 of the
Transport Legislation
Amendment Act 2007 comes into
operation.
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s. 49
(2) This section applies if--
(a) an operative service contract makes
provision for or with respect to a
penalty--
5 (i) for a breach of the contract; or
(ii) for a failure (not being a breach of
contract) to meet a performance
requirement specified in the
contract; or
10 (iii) that is payable on the termination
of the contract; and
(b) that provision is expressed under the
operative service contract to be a civil
penalty provision for the purposes of
15 this Act.
(3) A person is liable to pay, as a debt due to the
State, the amount as required by a civil
penalty provision in an operative service
contract despite anything to the contrary in a
20 rule of, or principle at, common law.".
49 Regions or routes of operation
Section 28(3) of the Public Transport
Competition Act 1995 is repealed.
50 Repeal of section 29 because of insertion of new
25 Division 4 of Part 3
Section 29 of the Public Transport Competition
Act 1995 is repealed.
51 New Division 3 heading inserted into Part 3
Before section 30 of the Public Transport
30 Competition Act 1995 insert--
"Division 3--Variation, suspension,
cancellation of service contracts".
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s. 52
52 Variation, suspension or cancellation of service
contracts
(1) In section 30(1) of the Public Transport
Competition Act 1995, after "regulations" insert
5 "or the service contract".
(2) For section 30(2) of the Public Transport
Competition Act 1995 substitute--
"(2) If the service contract does not provide for
any manner by which the Director may vary,
10 suspend or cancel the service contract, the
Director must--
(a) give a person referred to in subsection
(1)(a) written notice of the intended
action under that subsection; and
15 (b) allow that person to make written
representations about that intended
action within 10 working days before
taking the intended action against that
person.".
20 53 New Divisions 4 and 5 of Part 3 inserted
After section 30 of the Public Transport
Competition Act 1995 insert--
'Division 4--New regular passenger services
Subdivision 1--Interpretation
25 30A Definitions
In this Division--
affected exclusive region means an
exclusive region within which there
will be a part of a route of operation for
30 a new regular passenger service
(whether or not that route of operation
will overlap with or cross a route of
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Part 3--Amendments to Public Transport Competition Act 1995
s. 53
operation along which a regular
passenger service is provided);
affected exclusive route of operation means
an exclusive route of operation--
5 (a) that will overlap with a part of a
route of operation for a new
regular passenger service; or
(b) over which a part of a route of
operation for a new regular
10 passenger service will cross;
affected service contract holder means a
person who holds a service contract
under which the person provides a
regular passenger service--
15 (a) along an affected exclusive route
of operation; or
(b) within an affected exclusive
region;
exclusive region means a region of operation
20 specified in a service contract within
which the holder of the service contract
provides a regular passenger service on
an exclusive basis;
exclusive right of operation means a right,
25 conferred under a service contract, to
provide a regular passenger service--
(a) along an exclusive route of
operation; or
(b) within an exclusive region,
30 except to the extent that that right is
modified by the service contract, or
extinguished by the service contract or
by force of operation of a provision of
this Act;
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exclusive route of operation means a route
of operation specified in a service
contract along which the holder of the
service contract provides a regular
5 passenger service on an exclusive basis;
materially affected, in relation to an affected
exclusive route of operation or affected
exclusive region, has the meaning given
by section 30B(2);
10 materially affected service contract holder
has the meaning given by section 30B;
stage 2 procurement process means the
process provided for under section 30J.
30B When is an affected service contract
15 holder a materially affected service
contract holder?
(1) An affected service contract holder is a
materially affected service contract holder
if--
20 (a) the affected service contract holder
provides a regular passenger service--
(i) along an affected exclusive route
of operation that will be materially
affected; or
25 (ii) within an affected exclusive
region that will be materially
affected; or
(b) a determination under section 30C
applies to that affected service contract
30 holder.
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(2) For the purposes of this section, an affected
exclusive route of operation, or an affected
exclusive region, will be materially affected
if--
100%
5 Xro >
( N + 2)
where--
Xro is the relevant overlap (expressed as a
percentage); and
N is the number of affected service
10 contract holders.
(3) In subsection (2), relevant overlap means--
A
B
where--
A is--
15 (a) in the case of an affected
exclusive route of operation--that
part, or the sum of the parts, of the
affected exclusive route of
operation, as measured in vehicle
20 service kilometres, that will, when
the new regular passenger service
is provided, overlap with, or cross,
any part of the route of operation
for the new regular passenger
25 service (as measured in vskms);
(b) in the case of an affected
exclusive region--that part, or the
sum of the parts, of the route of
operation along which the new
30 regular passenger service will be
provided that will be within that
affected exclusive region of
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s. 53
operation, as measured in vskms,
(whether or not that route of
operation will overlap with or
cross another route of operation);
5 B means the total length of the route of
operation along which the new regular
passenger service will be provided
(as measured in vskms).
(4) In this section--
10 vehicle service kilometres or vskms means
the length (measured in kilometres) of a
route, or a part or a route, of operation
for the provision of a regular passenger
service multiplied by the number of
15 times the regular passenger service is
provided on that route in a day.
30C Certain affected service contract holders
may be materially affected service
contract holders
20 On application by an affected service
contract holder, the Director may determine
that that affected service contract holder is a
materially affected service contract holder
for the purposes of this Division if--
25 (a) the affected service contract holder
provides a regular passenger service
along an affected exclusive route of
operation or within an affected
exclusive region and that holder would
30 be a materially affected service contract
holder under section 30B(1)(a) if, in
section 30B(2) for--
100%
"Xro > ",
( N + 2)
there were substituted--
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100%
"Xro > "; and
( N + 3)
(b) the provision of a new regular
passenger service will, in the Director's
opinion, have a significant adverse
5 impact on the business of that affected
service contract holder.
Subdivision 2--Stage 1 procurement process
(affected service contract holders)
30D Proposed new regular passenger services
10 that will affect only one service contract
holder
(1) This section applies if--
(a) the Director considers that a new
regular passenger service should be
15 provided; and
(b) there will be only one affected service
contract holder when that regular
passenger service is provided.
(2) The Director must give the affected service
20 contract holder the opportunity to negotiate
exclusively with the Director for the right to
provide the new regular passenger service.
(3) If, after 28 days from commencing
negotiations with the affected service
25 contract holder, the Director has not received
from the affected service contract holder a
written offer for the provision of the new
regular passenger service by that contract
holder setting out terms and conditions that
30 the Director considers are reasonable in light
of--
(a) the nature and extent of that new
regular passenger service; and
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s. 53
(b) the provisions of this Act and the
regulations; and
(c) the circumstances of the case--
the exclusive right of operation of the
5 affected service contract holder is, to the
extent necessary to enable another person to
provide the new regular passenger service,
extinguished by force of this subsection
when, as the case requires, a service contract
10 or a variation of service contract for the
provision of the new regular passenger
service takes effect.
30E Proposed new regular passenger service
that will affect more than one existing
15 service contract holder--Stage 1
(1) This section applies if--
(a) the Director considers that a new
regular passenger service should be
provided; and
20 (b) there will be more than one affected
service contract holder when that
regular passenger service is provided.
(2) The Director must give each of the affected
service contract holders an opportunity to
25 negotiate with the Director for the right to
provide the new regular passenger service.
30F Outcome of stage 1 of procurement
process if an affected service contract
holder is successful
30 (1) This section applies if, following
negotiations with each of the affected service
contract holders in accordance with
section 30E, the Director and one or more of
those affected service contract holders agree
35 that the service contract holder or contract
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s. 53
holders (as the case requires) (a successful
party) may provide the new regular
passenger service.
(2) The exclusive right of operation of every
5 other affected service contract holder to
provide a regular passenger service is, to the
extent necessary to enable a successful party
to provide the new regular passenger service,
extinguished by force of this subsection
10 when, as the case requires, the service
contract or variation of service contract for
the provision of the new regular passenger
service takes effect.
30G End of stage 1 process--No agreement
15 (and there is no materially affected service
contract holder)
(1) This section applies if--
(a) after 28 days from commencing
negotiations with each of the affected
20 service contract holders in accordance
with section 30E, the Director is unable
to agree on the terms and conditions for
the provision of the new regular
passenger service with any of the
25 affected service contract holders; and
(b) none of the affected service contract
holders is a materially affected service
contract holder; and
(c) the Director is of the view that it is in
30 the public interest that the new regular
passenger service should be provided.
(2) The exclusive rights of operation of all of the
affected service contract holders are, to the
extent necessary to enable another person to
35 provide the new regular passenger service,
extinguished by force of this subsection
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when, as the case requires, a service contract
or a variation of service contract for the
provision of the new regular passenger
service takes effect.
5 30H End of stage 1 process--No agreement
(and there is a materially affected service
contract holder)
(1) This section applies if--
(a) after 28 days from commencing
10 negotiations with each of the affected
service contract holders in accordance
with section 30E, the Director is unable
to agree on the terms and conditions for
the provision of the new regular
15 passenger service with any of the
affected service contract holders; and
(b) at least one of the affected service
contract holders is a materially affected
service contract holder.
20 (2) The Director must take action under--
(a) section 30I if there is only one
materially affected service contract
holder;
(b) section 30J if there is more than one
25 materially affected service contract
holder.
Subdivision 3--Stage 2 procurement process
(materially affected service contract holders)
30I Stage 2 procurement process--Only one
30 materially affected service contract holder
(1) The Director must give the materially
affected service contract holder the
opportunity to negotiate exclusively with the
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s. 53
Director for the right to provide the new
regular passenger service.
(2) If, following negotiations with the materially
affected service contract holder, the Director
5 and that contract holder agree that the
contract holder may provide the new regular
passenger service, the exclusive right of
operation of every other affected service
contract holder to provide a regular
10 passenger service is, to the extent necessary
to enable the materially affected service
contract holder to provide the new regular
passenger service, extinguished by force of
this subsection when, as the case requires,
15 the service contract or variation of service
contract for the provision of the new regular
passenger service takes effect.
(3) If, however, after 28 days from commencing
negotiations with the materially affected
20 service contract holder, the Director has not
received from the materially affected service
contract holder a written offer for the
provision of the new regular passenger
service by that contract holder on terms and
25 conditions that the Director considers are
reasonable in light of--
(a) the nature and extent of that new
regular passenger service; and
(b) the provisions of this Act and the
30 regulations; and
(c) the circumstances of the case--
the exclusive right of operation of the
affected service contract holder is, to the
extent necessary to enable another person to
35 provide the new regular passenger service,
extinguished by force of this subsection
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when, as the case requires, a service contract
or a variation of service contract for the
provision of the new regular passenger
service takes effect.
5 30J Stage 2 procurement process--More than
one materially affected service contract
holder
The Director must invite all materially
affected service contract holders to
10 participate in a process (to be determined by
the Director) for the procurement of the new
regular passenger service.
30K Outcome of stage 2 procurement
process--More than one materially
15 affected service contract holder
(1) Subsection (2) applies if, following the
stage 2 procurement process, the Director
and one or more of the materially affected
service contract holders agree that the
20 service contract holder or contract holders
(as the case requires) (a successful party)
may provide the new regular passenger
service.
(2) The exclusive right of operation of every
25 other affected service contract holder to
provide a regular passenger service is, to the
extent necessary to enable a successful party
to provide the new regular passenger service,
extinguished by force of this subsection
30 when, as the case requires, the service
contract or variation of service contract for
the provision of the new regular passenger
service takes effect.
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(3) If, however, following the stage 2
procurement process, the Director--
(a) is unable to agree on the terms and
conditions for the provision of the new
5 regular passenger service with any of
the materially affected service contract
holders; and
(b) is of the view that it is in the public
interest that the new regular passenger
10 service should be provided--
the exclusive right of operation of every
other affected service contract holder is, to
the extent necessary to enable another person
to provide the new regular passenger service,
15 extinguished by force of this subsection
when, as the case requires, a service contract
or a variation of service contract for the
provision of the new regular passenger
service takes effect.
20 Division 5--Transfer of property used in
provision of regular passenger services
30L Definitions
In this Division--
associated operator means a person
25 specified in a primary contract--
(a) as an associated operator; and
(b) as a person to whom this Division
applies;
former property means relevant property
30 that, under this Division, has vested in
the State or another person in
accordance with an allocation
statement;
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former transferor instrument means an
instrument or an oral agreement
subsisting immediately before the
relevant date--
5 (a) to which the transferor was a
party; or
(b) that was given to, or in favour of,
the transferor; or
(c) that refers to the transferor; or
10 (d) under which--
(i) money is, or may become,
payable to or by the
transferor; or
(ii) other property is to be, or
15 may become liable to be,
transferred to or by the
transferor;
primary contract means a service contract
referred to in section 30M(1) (as
20 amended from time to time);
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
25 description;
related contract means a contract entered
into by the holder of a primary contract,
or an associated operator, and the
Director or a nominee of the Director in
30 accordance with the primary contract,
and if such a contract is amended, that
contract as amended;
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related deed means a deed--
(a) known as an option deed under a
primary contract; and
(b) entered into by the holder of that
5 primary contract, or an associated
operator, and the Director or a
nominee of the Director in
accordance with the primary
contract--
10 and if the deed is amended, that deed as
amended;
relevant property means property of a holder
of a service contract, or an associated
operator, which, under a primary
15 contract, the parties to that contract
agree is relevant property for the
purposes of this Division;
relevant date, in relation to an allocation
statement under section 30N or relevant
20 property allocated under such a
statement, means the date, or the date
and time, fixed by the Minister under
section 30N(5) for the purposes of that
statement;
25 rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective;
transferee means a person to whom relevant
property is allocated under an
30 allocation statement under section 30N;
transferor means the holder of a service
contract, or an associated operator,
from which relevant property is
transferred under an allocation
35 statement under section 30N.
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30M Property of certain holders of service
contracts and associated operators
(1) This section applies if--
(a) a provision of a service contract
5 provides for the transfer of relevant
property of the holder of that contract,
or an associated operator, to the State or
any other person (whether in
accordance with that service contract or
10 a related contract or a related deed) in
circumstances specified in that contract;
and
(b) that provision is expressed to be a
transfer provision for the purposes of
15 this Division.
(2) The Director may give to the Minister, at a
time, or within a period, determined under
the primary contract, a statement or
statements to be approved by the Minister
20 relating to any or all of the relevant property.
30N Allocation statement
(1) A statement under section 30M--
(a) must allocate relevant property to or
between the State and such persons as
25 the Director nominates in writing; and
(b) must be signed by the Director.
(2) If a statement under this section is approved
by the Minister--
(a) the Minister must sign the statement;
30 and
(b) the statement is an allocation statement
for the purposes of this Division.
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(3) The Minister may at any time direct the
Director to amend a statement given under
this section as specified in the direction.
(4) An allocation statement under this section
5 may be amended in writing signed by the
Minister.
(5) The Minister, by notice published in the
Government Gazette, may fix the relevant
date for the purposes of an allocation
10 statement under this section.
(6) In this section, statement and allocation
statement include a statement or allocation
statement amended in accordance with this
section.
15 30O Relevant property transferred in
accordance with statement
On the relevant date, the relevant property
that is allocated under an allocation
statement under section 30N vests in the
20 State or another person in accordance with
the statement.
30P Allocation of relevant property subject to
encumbrances
Unless an allocation statement under
25 section 30N otherwise provides if, under this
Division, relevant property vests in a
transferee under section 30O, the relevant
property so vested is subject to the
encumbrances (if any) to which it was
30 subject immediately before so vesting.
30Q Certificate of Director
(1) A certificate signed by the Director
certifying that property of the transferor
specified in the certificate has been allocated
35 under an allocation statement in accordance
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with section 30N is, unless revoked under
subsection (2), conclusive evidence that the
property--
(a) has been so allocated; and
5 (b) vested in the transferee on the relevant
date.
(2) If the Minister so directs the Director in
writing, the Director must revoke a
certificate given under subsection (1) by
10 issuing another certificate in place of the first
certificate.
(3) The Director--
(a) must keep a register of certificates
issued under this section; and
15 (b) must make the register reasonably
available for inspection by a transferee
or other interested person.
30R Consideration for transferred property
The consideration payable to the transferor
20 by the State or a transferee on behalf of the
State in respect of relevant property that is
allocated under an allocation statement is the
amount determined in accordance with--
(a) the primary contract; and
25 (b) a related contract.
30S Former transferor instruments and
agreements
(1) Each former transferor instrument relating to
former property continues to have effect
30 according to its tenor on and after the
relevant date in relation to that property as if
a reference in the instrument to the transferor
were a reference to the transferee.
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(2) Where, under an allocation statement, a
transferor's interest in an agreement vests in
a transferee under section 30O--
(a) the transferee becomes, on the relevant
5 date, a party to the agreement in place
of the transferor; and
(b) on and after the relevant date, the
agreement has effect as if the transferee
had always been a party to the
10 agreement.
30T Interests in land
Without prejudice to the generality of this
Division if, immediately before the relevant
date, a transferor is, in relation to former
15 property, the registered proprietor of an
interest in land under the Transfer of Land
Act 1958, then on and after that date--
(a) the transferee is to be taken to be the
registered proprietor of that interest in
20 land; and
(b) the transferee has the same rights and
remedies in respect of that interest as
the transferor had.
30U Amendment of Register
25 The Registrar of Titles, on being requested to
do so and on delivery of any relevant
certificate of title or instrument and
certificate of the Director referred to in
section 30Q, must make any amendments in
30 the Register that are necessary because of the
operation of this Division.
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30V Proceedings
Unless an allocation statement otherwise
provides, if, immediately before the relevant
date, proceedings relating to former property
5 (including arbitration proceedings) to which
a transferor was a party were pending or
existing in any court or tribunal, then, on and
after that date, the transferee is substituted
for the transferor as a party to the
10 proceedings and has the same rights in the
proceedings as the transferor had.
30W Taxes
Duty and any other tax chargeable under an
Act is payable in respect of the vesting of
15 relevant property under this Division as if the
vesting were effected by an instrument.
30X Evidence
Documentary or other evidence that would
have been admissible for or against the
20 interests of a transferor in relation to former
property if this Division had not been
enacted is admissible for or against the
interests of the transferee.
30Y Validity of things done under this Division
25 (1) Nothing effected or to be effected by this
Division or done or suffered under this
Division--
(a) is to be regarded as placing any person
in breach of contract or confidence or
30 as otherwise making any person guilty
of a civil wrong; or
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s. 53
(b) is to be regarded as placing any person
in breach of, or as constituting a default
under, any Act or other law or
obligation or any provision in any
5 agreement, arrangement or
understanding including, but not
limited to, any provision or obligation
prohibiting, restricting or regulating the
assignment, transfer, sale or disposal of
10 any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
condition that allows a person to
exercise a power, right or remedy in
15 respect of or to terminate any
agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
20 the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
relevant property; or
(e) is to be regarded as causing any
25 contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligor
30 wholly or in part from any obligation.
(2) In this section Act does not include the
Charter of Human Rights and
Responsibilities.
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30Z Corporations Act displacement
The provisions of this Division are declared
to be Corporations legislation displacement
provisions for the purposes of section 5G of
5 the Corporations Act in relation to the
provisions of Chapter 5 of that Act.
Note
Section 5G of the Corporations Act provides that if a State
law declares a provision of a State law to be a Corporations
10 legislation displacement provision, any provision of the
Corporations legislation with which the State provision
would otherwise be inconsistent does not apply to the extent
necessary to avoid the inconsistency.'.
__________________
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Part 4--Amendments to Rail Safety Act 2006
s. 54
PART 4--AMENDMENTS TO RAIL SAFETY ACT 2006
54 Amendment of definitions
See: (1) In section 3(1) of the Rail Safety Act 2006--
Act No.
9/2006
and
(a) insert the following definitions--
amending
5 Act No. "coordinating road authority has the same
47/2006 meaning as in the Road Management
LawToday:
www. Act 2004;
legislation.
vic.gov.au footpath has the same meaning as in the
Road Rules;
10 level crossing means--
(a) an area where a public roadway or
a relevant roadway and railway
(other than a tramway or light
railway) cross at substantially the
15 same level, whether or not there is
a level crossing sign on the
roadway at all or any of the
entrances to the area; or
(b) an area where a public roadway or
20 a relevant roadway and a tramway
or light railway cross at
substantially the same level and
that has a level crossing sign on
the roadway at each entrance to
25 the area;
public highway has the same meaning as in
the Road Management Act 2004;
public pathway means a footpath or shared
path forming part of a public road;
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public road has the same meaning as in the
Road Management Act 2004;
public roadway means an area within the
meaning of paragraph (a) of the
5 definition of roadway within the
meaning of section 3(1) of the Road
Management Act 2004;
rail or road crossing means--
(a) a railway crossing; or
10 (b) a bridge carrying--
(i) a public roadway or relevant
roadway over a railway; or
(ii) a public pathway or relevant
pathway over a railway; or
15 (c) a bridge carrying a railway over--
(i) a public roadway or relevant
roadway; or
(ii) a public pathway or relevant
pathway;
20 railway crossing means--
(a) a level crossing;
(b) any area where a public pathway
or relevant pathway crosses a
railway at substantially the same
25 level;
relevant pathway means a footpath or shared
path that does not form part of a public
road;
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relevant road manager means--
(a) in relation to a public roadway or
public pathway--the coordinating
road authority in respect of the
5 public road of which that roadway
or pathway is a part;
(b) in relation to a relevant roadway
or relevant pathway--the person
who has care and management of
10 the relevant roadway or relevant
pathway or is the owner or
occupier of the land on which
there is that relevant roadway or
relevant pathway;
15 relevant roadway means an area that is
developed for, or has as one of its main
uses, the driving or riding of motor
vehicles, whether or not that area is--
(a) open to or used by the public; or
20 (b) a public highway--
but does not include a public roadway;
road infrastructure has the same meaning as
in the Road Management Act 2004;
Road Rules means the Road Rules within
25 the meaning of the Road Safety (Road
Rules) Regulations 1999;
safety interface agreement--see Division 2
of Part 4;
shared path has the same meaning as in
30 Rule 242 of the Road Rules;";
(b) the definition of interface co-ordination
plan is repealed.
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(2) In section 3(1) of the Rail Safety Act 2006, for
the definition of safety audit substitute--
"safety audit means an inspection of--
(a) any of the following or a part of the
5 following--
(i) rail infrastructure used in carrying
out accredited rail operations;
(ii) rolling stock used in carrying out
accredited rail operations;
10 (iii) accredited rail operations; or
(b) the performance of, or any aspect of the
performance of--
(i) the employees of an accredited
rail operator; or
15 (ii) a rail contractor within the
meaning of paragraph (b) of the
definition of rail contractor who
supplies rail operations to an
accredited rail operator;".
20 (3) After section 3(4) of the Rail Safety Act 2006
insert--
"(5) For the purposes of this Act--
(a) a rail infrastructure manager is deemed
to carry out rail infrastructure
25 operations carried out for that manager
by a labour-hire contractor;
(b) a rolling stock operator is deemed to
carry out rolling stock operations
carried out for that operator by a
30 labour-hire contractor.
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(6) In subsection (5)--
labour-hire contractor means an individual
whose services are supplied to a rail
infrastructure manager or rolling stock
5 operator under an agreement or
arrangement between--
(a) the person that employs or
engages that individual; and
(b) as the case requires, that manager
10 or operator--
to carry out rail infrastructure
operations or rolling stock operations
(as the case requires).".
55 Rail safety work
15 After section 7(c) of the Rail Safety Act 2006
insert--
"(ca) loading or unloading rolling stock;".
56 Principle of shared responsibility
At the end of section 13 of the Rail Safety Act
20 2006 insert--
"(2) The level and nature of responsibility that a
person referred to in subsection (1), or
falling within a class of person referred to in
subsection (1), has for rail safety is
25 dependent on the nature of the risk to rail
safety that the person creates from the
carrying out of an activity (or the making of
a decision) and the capacity that person has
to control, eliminate or mitigate that risk.".
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57 New section 22A inserted
After section 22 of the Rail Safety Act 2006
insert--
"22A Duties of persons providing rail
5 operations by means of contracted
personnel
(1) A person (a labour-hire entity) who under an
agreement or arrangement supplies to a rail
infrastructure manager the services of an
10 individual that labour-hire entity employs or
engages to carry out rail infrastructure
operations for that manager must, so far as is
reasonably practicable, ensure that that
individual is competent to carry out the rail
15 infrastructure operations.
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
9000 penalty units.
20 (2) A person (a labour-hire entity) who under an
agreement or arrangement supplies to a
rolling stock operator the services of an
individual that labour-hire entity employs or
engages to carry out rolling stock operations
25 for that operator must, so far as is reasonably
practicable, ensure that that individual is
competent to carry out rolling stock
operations.
Penalty: In the case of a natural person,
30 1800 penalty units;
In the case of a body corporate,
9000 penalty units.
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(3) An offence against subsection (1) or (2) is an
indictable offence.
Note
However, the offence may be heard and determined
5 summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).".
58 Rail operator must consult before establishing safety
management system
In section 26(c) of the Rail Safety Act 2006 for
10 "an interface co-ordination plan" substitute
"a safety interface agreement".
59 New section 29 substituted
For section 29 of the Rail Safety Act 2006
substitute--
15 "29 Safety audits
The Safety Director may conduct, or cause to
be conducted, a safety audit, to determine
whether or not an accredited rail operator is
satisfactorily complying with the
20 requirements of Parts 3 and 5.".
60 New Division heading inserted in Part 4
After the heading to Part 4 of the Rail Safety Act
2006 insert--
"Division 1--Rail operations and utility
25 works".
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61 New Division 2 inserted in Part 4
After section 34 of the Rail Safety Act 2006
insert--
"Division 2--Safety interface agreements
5 34A What is a safety interface agreement?
A safety interface agreement is an agreement
about managing risks to safety identified and
assessed under this Division that includes
provisions for--
10 (a) the implementation and maintenance of
measures to manage those risks; and
(b) the evaluation, testing and, if
appropriate, revision of those measures;
and
15 (c) the respective roles and responsibilities
of each party to the agreement in
relation to those measures; and
(d) the procedures by which each party to
the agreement will monitor compliance
20 with the obligations under the
agreement; and
(e) a process for keeping the agreement
under review.
34B Safety interface assessment by rail
25 operator--rail operations
(1) A rail operator must--
(a) identify and assess, so far as is
reasonably practicable, risks to safety
that may arise from rail operations
30 carried out by or on behalf of the rail
operator because of, or partly because
of, rail operations carried out by or on
behalf of any other rail operator; and
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(b) determine measures to manage, so far
as is reasonably practicable, any risks
identified and assessed.
(2) A rail operator must seek to enter into a
5 safety interface agreement with the other rail
operator carrying out rail operations for the
purpose of managing the risks to safety
identified and assessed under subsection (1).
34C Safety interface assessment by rail
10 infrastructure manager--rail
infrastructure and public roadways or
pathways
(1) A rail infrastructure manager must--
(a) identify and assess, so far as is
15 reasonably practicable, risks to safety
that may arise from rail infrastructure
operations carried out on or in relation
to the rail infrastructure manager's rail
infrastructure because of, or partly
20 because of, the existence or use of any
rail or road crossing that is part of the
road infrastructure of any public
roadway or that is a public pathway;
and
25 (b) determine measures to manage, so far
as is reasonably practicable, any risks
identified and assessed.
(2) A rail infrastructure manager must seek to
enter into a safety interface agreement with
30 the relevant road manager for that public
roadway or public pathway for the purpose
of managing the risks identified and assessed
under subsection (1).
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34D Safety interface assessment by rail
infrastructure manager--rail
infrastructure and relevant roadways or
pathways
5 (1) A rail infrastructure manager must--
(a) identify and assess, so far as is
reasonably practicable, risks to safety
that may arise from rail infrastructure
operations carried out on or in relation
10 to the rail infrastructure manager's rail
infrastructure because of, or partly
because of, the existence or use of any
rail or road crossing that is part of the
road infrastructure of any relevant
15 roadway or that is a relevant pathway;
and
(b) consider and form an opinion about
whether it is necessary to manage those
risks to safety in conjunction with the
20 relevant road manager for that relevant
roadway or relevant pathway.
(2) If a rail infrastructure manager is of the
opinion that it is necessary to manage the
risks to safety identified and assessed under
25 subsection (1) in conjunction with the
relevant road manager, the rail infrastructure
manager must--
(a) give the relevant road manager written
notice of that opinion; and
30 (b) determine measures, so far as is
reasonably practicable, to manage those
risks to safety.
(3) If the rail infrastructure manager is of the
opinion that the risks to safety do not need to
35 be managed in conjunction with the relevant
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road manager, the rail infrastructure manager
must keep a written record of that opinion.
(4) Unless subsection (3) applies, a rail
infrastructure manager must seek to enter
5 into a safety interface agreement with the
relevant road manager for the purpose of
managing the risks identified and assessed
under subsection (1).
34E Safety interface assessment by relevant
10 road manager of public roadway or
pathway
(1) A relevant road manager in relation to a
public roadway or public pathway must--
(a) identify and assess, so far as is
15 reasonably practicable, risks to safety
that may arise from the existence or use
of any rail or road crossing that is part
of the road infrastructure of that public
roadway or that is a public pathway
20 because of, or partly because of, rail
infrastructure operations;
(b) determine measures to manage, so far
as is reasonably practicable, any risks
identified and assessed.
25 (2) A relevant road manager must have regard
to--
(a) the principal object of road
management; and
(b) the works and infrastructure
30 management principles; and
(c) the functions, powers and duties of
infrastructure managers under the Road
Management Act 2004--
when determining measures to manage risks
35 identified under subsection (1).
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(3) A relevant road manager must seek to enter
into a safety interface agreement with any
rail infrastructure manager whose rail
infrastructure operations are identified as
5 contributing to a risk identified under
subsection (1) for the purposes of managing
that risk.
(4) In this section--
principal object of road management has
10 the same meaning as in the Road
Management Act 2004;
works and infrastructure management
principles means the principles set out
in section 20(2) of the Road
15 Management Act 2004;
infrastructure manager has the same
meaning as in the Road Management
Act 2004.
34F Safety interface assessment by relevant
20 road manager of relevant roadway or
pathway
(1) If a relevant road manager receives written
notice under section 34D(2)(a) in relation to
a relevant roadway or relevant pathway, the
25 relevant road manager must--
(a) identify and assess, so far as is
reasonably practicable, risks to safety
that may arise from the existence or use
of any rail or road crossing that is part
30 of the road infrastructure of that
relevant roadway or that is a relevant
pathway because of, or partly because
of, rail infrastructure operations; and
(b) determine measures to manage, so far
35 as is reasonably practicable, any risks
identified and assessed.
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(2) A relevant road manager in relation to a
relevant roadway or relevant pathway must
seek to enter into a safety interface
agreement with any rail infrastructure
5 manager whose rail infrastructure operations
are identified as contributing to a risk
identified under subsection (1) for the
purposes of managing that risk.
34G Requirements under sections 34E and 34F
10 not to affect relevant road manager's
functions, obligations or powers
Nothing in section 34E or 34F authorises or
requires a relevant road manager to act
inconsistently with, or without regard to, the
15 functions, obligations or powers conferred
on the manager by or under an Act other than
this Act.
34H Identification and assessment of risks
A rail operator or relevant road manager may
20 identify and assess risks to safety as required
under section 34B, 34C, 34D, 34E or 34F--
(a) by identifying and assessing those risks
independently; or
(b) by identifying and assessing those risks
25 jointly with, as the case requires,
another rail operator or a relevant road
manager; or
(c) by adopting the identification and
assessment of those risks carried out
30 by, as the case requires, another rail
operator or a relevant road manager.
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34I Safety interface agreements
A safety interface agreement under this
Division may--
(a) be entered into by 2 or more rail
5 operators or by one or more rail
operators and one or more relevant road
managers;
(b) include measures to manage any
number of risks to safety that may arise
10 because of, or partly because of, any
rail operations;
(c) include measures to manage any
number of risks to safety that may arise
from any rail operations because of, or
15 partly because of, the existence or use
of any road infrastructure;
(d) make provision for or in relation to any
matter by applying, adopting or
incorporating any matter contained in
20 any document;
(e) consist of 2 or more documents.
34J Safety Director may give directions if
persons fail to make safety interface
agreements
25 (1) This section applies if the Safety Director is
satisfied that a rail operator or relevant road
manager referred to in section 34B, 34C,
34D, 34E or 34F is--
(a) unreasonably refusing or failing to
30 enter into a safety interface agreement
with another person as required under
this Division; or
(b) unreasonably delaying the negotiation
of that agreement.
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(2) The Safety Director may serve a written
notice on the rail operator or relevant road
manager (as the case requires).
(3) A written notice under subsection (2)--
5 (a) must warn the rail operator or relevant
road manager (as the case requires) of
the powers of the Safety Director under
this section, including the power to
issue a direction under subsection (5) at
10 any time after a specified date; and
(b) must contain a copy of this section; and
(c) may contain suggested terms for
inclusion in a safety interface
agreement.
15 (4) If the Safety Director serves a notice under
subsection (2) to a rail operator or relevant
road manager, the Safety Director may, in
writing, request the person served with the
notice to provide such information as the
20 Safety Director reasonably requires for the
purposes of making a direction under
subsection (5).
(5) If a notice is issued under this section and a
safety interface agreement has not been
25 entered into by or on the date specified in
that notice, the Safety Director--
(a) may determine the arrangements to
apply in relation to the management of
risks to safety referred to in section
30 34B, 34C, 34D, 34E or 34F (as the case
requires); and
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(b) may direct either or both persons to
whom the notice is issued to give effect
to those arrangements; and
(c) must specify by when a direction must
5 be complied with.
(6) A direction under subsection (5)--
(a) must be in writing; and
(b) must set out any arrangements
determined by the Safety Director.
10 (7) A person who is given a direction under
subsection (5) must comply with the
direction.
Penalty: In the case of a natural person,
20 penalty units;
15 In the case of a body corporate,
100 penalty units.
34K Register of safety interface agreements
(1) A rail operator must maintain a register of--
(a) safety interface agreements to which
20 the rail operator is a party; and
(b) arrangements determined by the Safety
Director under section 34J--
that are applicable to its rail operations.
Penalty: In the case of a natural person,
25 10 penalty units;
In the case of a body corporate,
50 penalty units.
(2) A relevant road manager must maintain a
register of--
30 (a) safety interface agreements to which
the road manager is a party; and
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(b) arrangements determined by the Safety
Director under section 34J--
that are applicable to any public roadway or
public pathway or relevant roadway or
5 relevant pathway in relation to which they
are the relevant road manager.
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
10 50 penalty units.".
62 Application for variation of accreditation is
required in certain cases
(1) For section 54(1) of the Rail Safety Act 2006
substitute--
15 "(1) This section applies if an accredited rail
operator proposes to make a change to, or to
the manner of carrying out, accredited rail
operations that may reasonably be
expected--
20 (a) to change the nature, character and
scope of the accredited rail operations;
or
(b) to not be within the competence and
capacity for which the accredited rail
25 operator is accredited.
(1A) The accredited rail operator must apply to
the Safety Director for a variation of its
accreditation.".
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(2) For section 54(3) of the Rail Safety Act 2006
substitute--
"(3) An application under this section must--
(a) be in writing; and
5 (b) describe--
(i) the nature, character and scope of
the change in rail operations; or
(ii) how those operations are not, or
may not be, within the
10 competence and capacity for
which the accredited rail operator
is accredited; and
(c) contain the prescribed information
(if any).".
15 (3) After section 54(3) of the Rail Safety Act 2006
insert--
"(3A) The Safety Director may require an
accredited rail operator who has applied for a
variation--
20 (a) to supply further information requested
by the Safety Director;
(b) to verify by statutory declaration any
information supplied to the Safety
Director.".
25 (4) For section 54(5) of the Rail Safety Act 2006
substitute--
"(5) The Safety Director must grant or refuse to
grant the variation within the relevant
period.".
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(5) For section 54(7) of the Rail Safety Act 2006
substitute--
"(7) A notification under subsection (6)(a) and a
statement of reasons under subsection (6)(b)
5 must be in writing.".
(6) After section 54(8) of the Rail Safety Act 2006
insert--
"(9) In this section--
relevant period, in relation to a decision to
10 grant or refuse to grant a variation,
means--
(a) 6 months after the application for
that variation was received by the
Safety Director; or
15 (b) if the Safety Director requests
further information for the
purposes of making that decision,
6 months, or such other period, as
is agreed between the Safety
20 Director and the accredited rail
operator, after the Safety Director
receives the last of the information
requested; or
(c) if the Safety Director, by notice in
25 writing given to the accredited rail
operator before the expiry of the
relevant 6 months, specifies
another period, that period--
whichever is longer.".
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63 New sections 54A and 54B inserted
After section 54 of the Rail Safety Act 2006
insert--
"54A Where application for variation relates to
5 co-operative rail operations
Sections 43 and 62A apply to an application
for variation of an accreditation as if a
reference in those sections to an application
for accreditation were a reference to an
10 application for variation of accreditation.
54B Prescribed conditions and restrictions
The accreditation of a rail operator that is
varied under this Part is subject to any
conditions or restrictions prescribed by the
15 regulations and that are applicable to the
accreditation as varied.".
64 Accreditation exemptions for private siding rail
operations
(1) For section 63(2)(b)(i) of the Rail Safety Act
20 2006 substitute--
"(i) a safety interface agreement; and".
(2) In section 63(4)(d) of the Rail Safety Act 2006
for "interface co-ordination plan" substitute
"safety interface agreement".
25 65 New section 69A inserted
After section 69 of the Rail Safety Act 2006
insert--
"69A Accredited rail operators to provide
information
30 (1) The Safety Director may, by notice in
writing given to an accredited rail operator,
require the accredited rail operator to provide
to the Safety Director on or before a
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Part 4--Amendments to Rail Safety Act 2006
s. 65
specified date and in a manner and form
approved by the Safety Director, any or all of
the following--
(a) information concerning measures taken
5 by the accredited rail operator to
promote rail safety;
(b) information relating to the financial
capacity or insurance arrangements of
the accredited rail operator;
10 (c) other matters relating to rail safety or
the accreditation of the accredited rail
operator that the Safety Director
reasonably requires.
(2) An accredited rail operator must comply
15 with a notice given to the accredited rail
operator under subsection (1).
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
20 300 penalty units.
(3) An accredited rail operator must provide to
the Safety Director, in a manner and form
approved by the Safety Director and at the
prescribed times and in respect of the
25 prescribed periods, information prescribed
by the regulations for the purposes of this
subsection relating to rail safety or
accreditation.
Penalty: In the case of a natural person,
30 60 penalty units;
In the case of a body corporate,
300 penalty units.".
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Part 4--Amendments to Rail Safety Act 2006
s. 66
66 General regulation making powers
For section 110(1)(bb) of the Rail Safety Act
2006 substitute--
"(bb) matters or things safety interface agreements
5 may provide for;".
67 Expiry of transitional accreditations and post new
scheme accreditations
In section 173 of the Rail Safety Act--
(a) omit "on the making of an Order under
10 section 166,";
(b) in paragraph (a), for "the second anniversary
of the commencement day" substitute
"1 July 2008";
(c) in paragraph (b), for "the third anniversary of
15 the commencement day" substitute "1 July
2009".
__________________
561055B.I-19/9/2007 85 BILL LA INTRODUCTION 20/9/2007
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Part 5--Amendments to Other Acts
s. 68
PART 5--AMENDMENTS TO OTHER ACTS
Division 1--Marine Act 1988
68 Power to prosecute
See: For section 87(2) of the Marine Act 1988
Act No.
5 52/1988. substitute--
Reprint No. 6
as at "(2) If proceedings are brought by a member of
19 August
2004
the police force, or by a person authorised by
and the Director, or by a person or body
amending
Act Nos
authorised by a public authority, the
10 94/2003, proceedings may be conducted before the
108/2004,
97/2005,
court by--
10/2006 and
32/2006. (a) any other member of the police force;
LawToday: or
www.
legislation. (b) any other person authorised by the
vic.gov.au
15 Director; or
(c) any other person or body authorised by
the public authority.".
Division 2--Rail Corporations Act 1996
69 Clearance of trees etc.
20 See:
Act No.
Insert the following heading to section 60 of the
79/1996. Rail Corporations Act 1996--
Reprint No. 4
as at "Person to whom this section applies may
30 October
2006.
require clearance of trees".
LawToday:
www.
legislation.
vic.gov.au
561055B.I-19/9/2007 86 BILL LA INTRODUCTION 20/9/2007
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Part 5--Amendments to Other Acts
s. 70
70 New section 60A inserted
After section 60 of the Rail Corporations Act
1996 insert--
"60A Relevant rail operator to whom this
5 section applies may clear trees without
obtaining permit
(1) This section applies if any tree or wood--
(a) is on land owned or occupied by a
relevant rail operator; and
10 (b) is in the vicinity of a railway track
operated or maintained by a relevant
rail operator; and
(c) poses a risk to the safety of anyone on,
or using, the railway track.
15 Example
The following trees pose a risk to the safety of a
person using a railway track--
(a) a tree that obstructs a view of a signal
box from a portion of the track;
20 (b) a tree near the middle of a curve of the
track that restricts the view of the track of
anyone entering the curve;
(c) a tree whose roots are underneath the
track.
25 (2) A relevant rail operator may fell and remove
the tree or wood without the need to obtain a
permit under any relevant planning scheme
under the Planning and Environment Act
1987, despite anything to the contrary in or
30 under that Act.
(3) In this section--
relevant rail operator means a person
specified in section 60(6).".
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Part 5--Amendments to Other Acts
s. 71
Division 3--Road Management Act 2004
71 Definition
See: In section 3(1) of the Road Management Act
Act No.
12/2004. 2004, in paragraph (a)(v) of the definition of road
5 Reprint No. 2
as at
management function, after "roads" insert
11 October "including Division 2 of Part 4 of the Rail Safety
2006 Act 2006".
and
amending
Act Nos
61/2005,
74/2006 and
85/2006.
LawToday:
www.
legislation.
vic.gov.au
Division 4--Road Safety Act 1986
72 Definitions
10 See:
Act No.
In section 3(1) of the Road Safety Act 1986
127/1986. insert the following definitions--
Reprint No. 10
as at "bus company has the same meaning as in the
9 November
2006
Transport Act 1983;
and
amending park and ride facility means land or premises--
Act Nos
15 19/1991, (a) vested in or under the control of a rail
97/2005, or bus operator; and
48/2006,
81/2006,
14/2007 and
(b) to which specified provisions of this
30/2007. Act and the regulations relating to the
LawToday:
www.
regulation or control of the parking of a
20 legislation. vehicle, or the leaving standing of a
vic.gov.au
vehicle, apply under an Order under
section 98 (whether or not other
provisions of this Act or the regulations
also apply under that Order);
561055B.I-19/9/2007 88 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 5--Amendments to Other Acts
s. 73
passenger transport company has the same
meaning as in the Transport Act 1983;
rail or bus operator means a bus company, a
passenger transport company or Rail Track;
5 Rail Track means Victorian Rail Track
established by Division 2 of Part 2 of the
Rail Corporations Act 1996;".
73 Power to prosecute
(1) After section 77(2)(da) of the Road Safety Act
10 1986 insert--
"(db) a person authorised under section 229(1AA)
of the Transport Act 1983 to bring a
proceeding for a ticket offence (within the
meaning of section 208 of that Act), if the
15 offence against this Act or the regulations
occurs on or in a park and ride facility;".
(2) Sections 77(2A) and 77(2B) of the Road Safety
Act 1986 are repealed.
(3) After section 77(3) of the Road Safety Act 1986
20 insert--
"(3A) If proceedings are taken by a person referred
to in subsection (2)(db), the proceedings may
be conducted before the court by any
employee in the Department of
25 Infrastructure.".
74 Service of parking infringement notices
(1) In section 87(1) of the Road Safety Act 1986
after "section 77(2)" insert "(other than a person
referred to in paragraph (db) of that subsection)".
561055B.I-19/9/2007 89 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 5--Amendments to Other Acts
s. 75
(2) For section 87(1AD) of the Road Safety Act
1986 substitute--
"(1AD) If an authorised officer within the meaning
of section 208 of the Transport Act 1983
5 (as authorised under section 221AB of that
Act) has reason to believe that a parking
infringement has been committed in respect
of any vehicle that is on or in a park and ride
facility, the person may serve or cause to be
10 served, in accordance with the regulations, a
parking infringement notice.".
Division 5--Terrorism (Community Protection) Act 2003
75 New section 27A inserted
See: After section 27 of the Terrorism (Community
Act No.
15 7/2003. Protection) Act 2003 insert--
Reprint No. 1
as at "27A Delegation
9 March 2006
and (1) A relevant Minister, by instrument, may
amending
Act Nos delegate to a relevant public service officer
30/2006, his or her functions or powers under this Part
48/2006 and
20 28/2007. other than--
LawToday:
www. (a) this power of delegation; or
legislation.
vic.gov.au (b) a function or power conferred on the
relevant Minister under section 28(1),
31(f), 36 or 37.
25 (2) In subsection (1)--
relevant public service officer means--
(a) a non-executive employee (within
the meaning of the Public
Administration Act 2004) who is
30 employed as a non-executive
employee Grade 6 or Senior
Technical Specialist; or
561055B.I-19/9/2007 90 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 5--Amendments to Other Acts
s. 76
(b) an executive (within the meaning
of the Public Administration Act
2004).".
76 Reference to relevant Minister
5 In section 33(1) of the Terrorism (Community
Protection) Act 2003, for "Minister" (where first
occurring) substitute "relevant Minister".
Division 6--Transport (Taxi-cab Accreditation and Other
Amendments) Act 2006
10 77 Reference to Division
In section 3 of the Transport (Taxi-cab See:
Act No.
Accreditation and Other Amendments) Act 71/2006.
2006, for "After Division 3 of Part VI" substitute Statute Book:
www.
"Before Division 5 of Part VI". legislation.
vic.gov.au
15 78 Definition of taxi-cab network service
In section 3 of the Transport (Taxi-cab
Accreditation and Other Amendments) Act
2006, in proposed section 130A(1) of the
Transport Act 1983, for the definition of taxi-
20 cab network service substitute--
"taxi-cab network service means--
(a) the receipt and dispatch of bookings or
orders for the hiring of taxi-cabs; or
(b) the provision for taxi-cabs of a central
25 communications system--
and includes the provision by or on behalf of
a provider of a service of a kind referred to
in paragraph (a) or (b) of all or any of the
following--
30 (c) a global positioning system for taxi-
cabs;
561055B.I-19/9/2007 91 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 5--Amendments to Other Acts
s. 79
(d) maintenance of information
management systems in relation to the
hiring, and bookings and orders for the
hiring, of taxi-cabs;
5 (e) brand identification for taxi-cabs;
(f) support services for taxi-cab operators
and drivers;
(g) maintenance of a system for receiving
and handling customer complaints
10 relating to the hiring, and bookings and
orders for the hiring, of taxi-cabs;
(h) taxi-cab driver training;".
79 Duration of accreditation
(1) In section 3 of the Transport (Taxi-cab
15 Accreditation and Other Amendments) Act
2006, in proposed section 132C of the Transport
Act 1983, for "An accreditation" substitute
"Subject to subsection (2), an accreditation".
(2) In section 3 of the Transport (Taxi-cab
20 Accreditation and Other Amendments) Act
2006, at the end of proposed section 132C of the
Transport Act 1983 insert--
"(2) If an application for renewal of an
accreditation is made before the expiry of the
25 period specified in the certificate of
accreditation, the licensing authority may
determine to extend the period of operation
of the accreditation.
(3) If the licensing authority makes a
30 determination under subsection (2), the
accreditation (unless it is sooner cancelled or
surrendered) remains in force until--
(a) the expiry of the period specified in the
certificate of accreditation; or
561055B.I-19/9/2007 92 BILL LA INTRODUCTION 20/9/2007
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Part 5--Amendments to Other Acts
s. 80
(b) 7 days after the licensing authority
gives the applicant notice of its decision
on the application for renewal of the
accreditation--
5 whichever is the later.".
80 Conditions and standards affecting accreditation
(1) In section 3 of the Transport (Taxi-cab
Accreditation and Other Amendments) Act
2006, in proposed section 133(3) of the
10 Transport Act 1983, after "regulations" insert
"as in force from time to time".
(2) In section 3 of the Transport (Taxi-cab
Accreditation and Other Amendments) Act
2006, after proposed section 133C(4) of the
15 Transport Act 1983 insert--
"(5) A business or service standard may apply to
an accreditation in force at the time the
standard is determined or in force at any time
after that.".
20 81 Effect of suspension of accreditation
In section 3 of the Transport (Taxi-cab
Accreditation and Other Amendments) Act
2006, in the heading to proposed section 135D of
the Transport Act 1983, omit "on licence".
25 82 Regulations
In section 3 of the Transport (Taxi-cab
Accreditation and Other Amendments) Act
2006, in proposed section 137E(1)(b) of the
Transport Act 1983, before "from the
30 requirement" insert ", or all providers of taxi-cab
network services".
561055B.I-19/9/2007 93 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 5--Amendments to Other Acts
s. 83
83 Effect on taxi-cab licences of certain outcomes
In section 11 of the Transport (Taxi-cab
Accreditation and Other Amendments) Act
2006, in proposed section 156A of the Transport
5 Act 1983--
(a) in the heading to the section for "outcomes
under Division 4" substitute "certain
outcomes";
(b) in subsection (1)--
10 (i) after "that Division" insert "or under
section 272(5)"; and
(ii) before "surrendered" insert "is"; and
(iii) after "section 137B" insert "or expires
without being renewed"; and
15 (iv) in paragraph (b) after "surrender" insert
"or expiry of accreditation";
(c) in subsection (5)--
(i) after "that Division" insert "or under
section 272(5)"; and
20 (ii) before "surrendered" insert "is"; and
(iii) after "section 137B" insert "or expires
without being renewed"; and
(iv) in paragraph (c), after "surrender"
insert "or expiry of accreditation".
561055B.I-19/9/2007 94 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 5--Amendments to Other Acts
s. 84
Division 7--Amendment to Victims of Crime Assistance
Act 1996
84 Transport Act entitlement to be taken into account
After section 16(ab) of the Victims of Crime See:
Act No.
5 Assistance Act 1996 insert-- 81/1996.
Reprint No. 4
"(ac) must take into account and reduce the as at
1 December
amount by any amount of financial 2006
assistance that the applicant has been and
amending
awarded or is eligible to be awarded under Act Nos
10 section 12 of the Transport Act 1983 in 23/2006,
48/2006 and
relation to the incident to which the 9/2007.
application relates; and". LawToday:
www.
legislation.
vic.gov.au
__________________
561055B.I-19/9/2007 95 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Part 6--Expiry of Act
s. 85
PART 6--EXPIRY OF ACT
85 Expiry of Act
This Act expires on 1 July 2011.
561055B.I-19/9/2007 96 BILL LA INTRODUCTION 20/9/2007
Transport Legislation Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561055B.I-19/9/2007 97 BILL LA INTRODUCTION 20/9/2007
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