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Transport (Miscellaneous Amendments) Bill As Sent Print EXPLANATORY MEMORANDUM Outline The Bill makes miscellaneous amendments to the Transport Act 1983, the Rail Corporations Act 1996 and the Public Transport Competition Act 1995. Clause Notes PART 1--PRELIMINARY MATTERS Clause 1 sets out the main purposes of the Bill. Clause 2 is the commencement provision. PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983 Clause 3 inserts a new penalty of 60 penalty units into section 91 of the Transport Act 1983 for the offence of making false statements in relation to an application under Part VI of the Transport Act 1983. Clause 4 makes provision for codes of practice, approved by the Minister, which give practical guidance on safety standards to accredited managers of rail infrastructure and accredited providers and operators of rolling stock. Clause 5 provides consequential amendments to the Transport Act 1983 relating to codes of practice. Clause 6 gives the licensing authority discretion to declare an applicant for a commercial passenger vehicle driver's certificate to be ineligible for a specified period of time if the person has been convicted of certain criminal offences. 1 551034 BILL LA AS SENT 7/5/2003
Clause 7 gives the licensing authority a discretion to revoke or suspend a commercial passenger vehicle driver's certificate if the holder is convicted of certain criminal offences. A person has a right of appeal to the Magistrates' Court if his or her certificate is revoked or suspended under this provision. Clause 8 inserts 2 new sections into the Transport Act 1983. Section 157A extends the meaning of the word "convict" in the new provisions inserted by clauses 6 and 7. Section 157B requires a person who holds a commercial passenger vehicle driver's certificate to notify the licensing authority if he or she is charged or convicted of certain criminal offences. Clause 9 provides for the licensing authority to determine that accident tow truck licence holders must hold accreditation under a specified industry accreditation scheme and must observe specified codes of practice. By making such a determination it becomes an implied condition of accident tow truck licences that the holders obtain and hold the relevant accreditation and observe the specified codes of practice. Existing licence holders will have at least 2 years to comply with an accreditation requirement. This clause also provides for future changes to be made to determinations Clause 10 inserts a new power to make regulations relating to accreditation schemes and codes of practice for the accident towing industry. Clause 11 provides for a public transport industry ombudsman to have access to certain confidential information if the Secretary certifies that the industry ombudsman's privacy protection policy is acceptable. Clause 12 specifically provides that the Victorian Ombudsman may investigate the actions of a person authorised to exercise public transport enforcement powers. Clause 13 makes a number of minor amendments to the Transport Act 1983. 2
PART 3--AMENDMENTS TO THE RAIL CORPORATIONS ACT 1996 Clause 14 inserts a number of new provisions into the Rail Corporations Act 1996 to establish the V/Line Passenger Corporation as a rail corporation with the necessary functions and powers to operate country passenger rail services. Clause 15 makes a number of consequential amendments to the Rail Corporations Act 1996 to ensure that the V/Line Passenger Corporation is able to operate effectively. Clause 16 makes a number of consequential amendments to other Acts for the same purpose. Clause 17 amends the Rail Corporations Act 1996 to give the Victorian Rail Track Authority and the Spencer Street Station Authority the ability to efficiently deal with any complaints concerning the way either body carries out its functions. Clause 18 amends the Rail Corporations Act 1996 to give the Victorian Rail Track Authority and the Spencer Street Station Authority the power, with the Minister's approval, to participate in the formation of a public transport industry ombudsman scheme. PART 4--AMENDMENTS TO THE PUBLIC TRANSPORT COMPETITION ACT 1995 Clause 19 amends the Public Transport Competition Act 1995 to make provision for codes of practice, approved by the Minister, which give practical guidance on safety standards to accredited managers of bus operations. Clause 20 makes a minor amendment to the Public Transport Competition Act 1995 and repeals certain obsolete provisions of that Act. 3