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RAIL MANAGEMENT ACT 1996
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
3A. Transport Integration Act 2010
PART 2A--RAIL ACCESS
Division 1--Preliminary
38A. Definitions
38B. Meaning of operate
38C. Meaning of rail transport service
38D. Declaration of persons to be access providers
38E. Declaration of rail transport services
38F. Object of Part
38G. Principle of passenger priority
Division 2--Ministerial instruments for the purposes of this Part
38H. Preparation of rail access guidelines
38I. Public availability of rail access guidelines
38J. Initial specification of rail access maximum prices
38K. Annual changes in rail access maximum prices
38L. Review of specified maximum prices following change in railway track standards
38M. Increase in maximum prices at request of access provider
38N. Public consultation for draft rail access guidelines and proposed rail access maximum prices
Division 3--Rail access agreement content order
38O. Rail access agreement content order
Division 4--Statement of Freight Network Capability
38P. Statement of Freight Network Capability
38Q. Preparation of new Statement of Freight Network Capability if there is a material change
38R. Minister to be notified of amendment to railway track standards
Division 5--Rail access arrangements
38S. Preparation and publication of rail access arrangement that accords with this Division
38T. Scope of rail access arrangement
38U. Content of rail access arrangements
38V. Amendment of rail access arrangements
38W. Publication of rail access arrangements
38X. When rail access arrangements take effect
Division 6--Requests for access
38Y. Requests for access
38Z. Assessment of requests for access
Division 7--Disputes about rail access
38ZA. Meaning of access regime dispute
38ZB. Notification of access regime dispute
38ZC. Head, Transport for Victoria must constitute independent panel to hear and determine access regime dispute
38ZD. Disclosure of interests of independent panel members
38ZE. Member of independent panel ceases to be or becomes incapable of being a member
38ZF. Function of independent panel
38ZG. Hearings for the purposes of access regime disputes
38ZH. Hearings to be in private
38ZI. Right to representation
38ZJ. Particular powers for the purposes of hearing and determining access regime disputes
38ZK. Power to take evidence on oath or affirmation
38ZL. Decisions of independent panel
38ZM. Costs to be paid by parties to access regime dispute
38ZN. Independent panel may award costs in certain cases
38ZO. Determination of access regime dispute
38ZP. Compliance with directions and determinations of independent panel
Division 8--Enforcement and other proceedings
38ZQ. Proceedings for contraventions of penalty provisions
38ZR. Pecuniary penalties to be paid into Consolidated Fund
38ZS. Injunctions
38ZT. Declaratory relief
38ZU. Enforcement of determinations of access regime disputes
38ZV. Appeal to Supreme Court on a question of law from a decision of an independent panel
Division 9--Reporting
38ZW. Access providers to report on freight network activity and performance
Division 10--Collection and use of information
38ZX. Definitions
38ZY. Regulatory entity must have regard to certain matters
38ZZ. General power to obtain information and documents
38ZZA. Provision of information relating to declared rail transport services provided by access provider
38ZZB. Compliance with requirement to provide information or document
38ZZC. Offence to give false or misleading information
38ZZD. Offence to threaten, intimidate or coerce person or take, threaten to take or incite
38ZZE. No liability for giving information or document in compliance with requirement
38ZZF. Restriction on disclosure of confidential information
38ZZG. Regulatory entity must not disclose exempt freedom of information documents
PART 3--TRANSFER OF PROPERTY AND STAFF
Division 1--Definitions
39. Definitions
Division 2--Property
40. Minister may direct transfer of PTC property to rail corporation or person
41. Minister may direct transfer of rail corporation property to other rail corporations or persons
42. Property transferred in accordance with direction
43. Allocation of property etc. subject to encumbrances
44. Payments in respect of financial obligations
45. Certificate of Administrator or CEO
46. Value of transferred property
47. Substitution of party to agreement
48. Former PTC and rail corporation instruments
49. Proceedings
50. Interests in land
51. Easements
52. Amendment of Register
53. Taxes
54. Evidence
55. Validity of things done under this Division
56. Minister may direct PTC or rail corporation to lease land to rail corporation or person
Division 3--Staff
57. List of PTC staff
58. Transfer of PTC staff
59. Future terms and conditions of transferred employees
59A. List of RC staff
59B. Transfer of RC staff
59C. Future terms and conditions of transferred employees
PART 4--RAIL AND TRAM OPERATORS
Division 1--Certain powers
60. Person to whom this section applies may require clearance of trees
60A. Relevant rail transport operator to whom this section applies may clear trees without obtaining permit
61. No obligation to fence
62. Power to break up roads, etc.
63. Power to install stopping places, etc.
64. Level crossings
65. Tram infrastructure
66. Overhead power supply
67. Power to stop traffic
Division 1A--Powers of the Secretary and the Head, Transport for Victoria
67A. Clearance of trees or wood
67B. No obligation to fence
67C. Power to open and break up roads and divert traffic
67D. Power to install stopping places and associated facilities
67E. Level crossings
67F. Tram infrastructure
67G. Overhead power supply
67H. Power to stop traffic
67I. Exercise of powers
Division 1B--Private crossings
67J. Definitions
67K. Modification of Land Acquisition and Compensation Act 1986—general
67L. Secretary may close private crossings
67M. Notice of intention to close
67N. Form of notice of intention
67O. Restrictions on dealings with land
67P. Lapse of notice
67Q. Notice of closure
67R. Time limits
67S. Form of notice of closure
67T. Service of copy of notice of closure
67U. Effect of notice of closure
67V. Right to compensation and assessment of compensation
67W. Initial offer of compensation
67X. Response to initial offer of compensation and determination of disputes
67Y. Acquisition of private crossing adjoining land
67Z. Application of Land Acquisition and Compensation Act 1986—private crossing adjoining land
67ZA. Service
67ZB. Minor misdescription not to invalidate documents
67ZC. Extension or abridgement of time
Division 2--Provisions applying to certain agreements
68. Civil penalty provisions
69. Validity of certain provisions
Division 3--Certain operating assets
70. Assets of certain operators
71. Allocation statement
72. Assets transferred in accordance with statement
73. Allocation of assets subject to encumbrances
74. Certificate signed by the Head, Transport for Victoria
75. Consideration for transferred property
76. Former transferor instruments and agreements
77. Proceedings
78. Taxes
79. Evidence
80. Validity of things done under this Division
PART 6--GENERAL
103. Delegation
104. Freedom of Information Act 1982
105. Supreme Court—limitation of jurisdiction
106. Regulations
PART 7--TRANSITIONAL
106A. Privatisation of V/Line Freight
107. Orders under repealed sections
108. Repeals consequential on new Part 4
109. Abolition of Met Train 1
110. Abolition of Met Train 2
111. Abolition of Met Tram 1
112. Abolition of Met Tram 2
113. Abolition of V/Line Passenger Corporation
114. Order relating to no obligation to fence
115. Order relating to power to stop traffic
116. Meaning of relevant date in sections 117 and 118
117. Transitional provision concerning change of name of Station
118. Transitional and savings provisions concerning change of name of Authority
118A. Allocation statement relating to PTC
118B. Binding access arrangements continue in effect until rail access arrangements take effect
PART 8--SOUTHERN CROSS STATION AUTHORITY
119. Definitions
120. Southern Cross Station Authority abolished
121. List of staff to be transferred
122. Transferred employees
123. Interests in land
124. Taxes
ENDNOTES
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