Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of associated rail infrastructure inserted by No. 25/2005 s. 3(d).
"associated rail infrastructure" means—
(a) an office, building or house used in the provision of rail transport services;
(b) a workshop;
(c) a terminal;
(d) rolling stock;
S. 3(1) def. of Commission inserted by No. 62/2001 s. 89(1)(a), repealed by No. 41/2020 s. 8.
* * * * *
S. 3(1) def. of declared rail transport service inserted by No. 47/1998 s. 4(1), repealed by No. 25/2005 s. 3(a).
* * * * *
S. 3(1) def. of declared railway service repealed by No. 104/1997 s. 24(1).
* * * * *
S. 3(1) def. of Department inserted by No. 68/2017 s. 87, substituted by No. 49/2019 s. 186(Sch. 4 item 35.1(a)).
"Department" means the Department of Transport;
S. 3(1) def. of Director inserted by No. 98/1998 s. 4(1),
substituted by No. 6/2010
s. 200(3)
(Sch. 4 item 2(a)) (as amended by No. 45/2010
s. 19), repealed by No. 61/2011 s. 25(Sch. 1
item 8.1(a)).
* * * * *
S. 3(1) def. of former relevant assets inserted by No. 98/1998 s. 4(1).
"former relevant assets", in relation to a transferor, means assets of the transferor that, under Division 3 of Part 4, have vested in the State, another operator or another person;
S. 3(1) def. of freight service inserted by No. 25/2005 s. 3(b), repealed by No. 29/2006 s. 3(Sch. 1 item 34.1).
* * * * *
S. 3(1) def. of former transferor instrument inserted by No. 98/1998 s. 4(1).
"former transferor instrument", in Division 3 of Part 4, means an instrument or an oral agreement subsisting immediately before the relevant date—
(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
(d) under which—
(i) money is, or may become, payable to or by the transferor; or
(ii) other property is to be, or may become liable to be, transferred to or by the transferor;
S. 3(1) def. of freight service inserted by No. 29/2006 s. 3(Sch. 1 item 34.2).
"freight service" means a service for the carrying of freight by railway;
S. 3(1) def. of Head, Transport for Victoria inserted by No. 3/2017 s. 50(Sch. 1 item 6.1).
"Head, Transport for Victoria" has the same meaning as it has in section 3 of the Transport Integration Act 2010 ;
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
S. 3(1) def. of metropolitan
area
inserted by No. 98/1998 s. 4(1).
"metropolitan area" means the area within a radius of 30 kilometres of the post office at the corner of Bourke Street and Elizabeth Street, Melbourne;
S. 3(1) def. of metropolitan train operator inserted by No. 98/1998 s. 4(1), repealed by No. 49/2004 s. 20(a).
* * * * *
S. 3(1) def. of metropolitan tram operator inserted by No. 98/1998 s. 4(1), repealed by No. 49/2004 s. 20(a).
* * * * *
S. 3(1) def. of Office repealed by No. 104/1997 s. 24(1), new def. of Office inserted by No. 47/1998 s. 4(1), repealed by No. 62/2001 s. 89(1)(b).
* * * *
*
S. 3(1) def. of operator inserted by No. 98/1998 s. 4(1).
"operator", in Division 3 of Part 4, means a train operator or a tram operator or other person to which section 70 applies;
S. 3(1) def. of passenger service inserted by No. 98/1998 s. 4(1).
"passenger service" means a service for the carrying of passengers by railway or tramway;
S. 3(1) def. of precinct inserted by No. 45/1999 s. 4(2), amended by No. 95/2005 s. 9(2)(a), repealed by No. 26/2009 s. 7(1).
* * * * *
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 description;
S. 3(1) def. of public statutory body inserted by No. 45/1999 s. 4(2), repealed by No. 26/2009 s. 7(1).
* * * * *
S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 8.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 35.1(b)).
* * * * *
S. 3(1) def. of public transport service inserted by No. 49/2004 s. 20(b).
"public transport service" means a service—
(a) for the manufacture, production, supply or issue of tickets, or the supply and maintenance of a ticketing system, for use by passengers on a railway or tramway;
(b) for the distribution of tickets amongst train operators and tram operators;
(c) for the collection of revenue from ticket sales and the distribution of that revenue amongst train operators and tram operators;
(d) for the provision of information to passengers or members of the public relating to the operation of a passenger service;
(e) for the marketing of passenger services or other transport services;
(f) for the construction and supply of rail infrastructure, train infrastructure or rolling stock;
(g) for the maintenance of rail infrastructure, tram infrastructure or rolling stock;
(h) that is ancillary or incidental to the provision of a passenger service or other transport service including, but not limited to, the provision of financial accommodation in connection with the acquisition of rolling stock;
S. 3(1) def. of railway substituted as railway track by No. 104/1997 s. 19(1)(a), repealed by No. 29/2011 s. 3(Sch. 1 item 79(a)).
* * * * *
S. 3(1) def. of rail corporation amended by Nos 104/1997 ss 7, 9, 11, 13,
47/1998 s. 4(2), 104/1997 s. 4(3), 45/1999 s. 4(1)(a), 63/1999
ss 3(2), 4(2), 5(2), 6(2), 63/1999 s. 7(2), 34/2003 s. 15(a),
95/2005 s. 9(2)(a), 26/2009 s. 7(2) 6/2010
s. 200(3)
(Sch. 4 item 2(b)) (as amended by No. 45/2010
s. 19).
"rail corporation" means Rail Track or V/Line Corporation;
S. 3(1) def. of rail infrastructure substituted by No. 25/2005 s. 3(c), amended by No. 30/2021 s. 90.
"rail infrastructure" means a facility that is used to operate a railway and includes—
(a) railway track, railway track sidings, associated track structures and works (such as cuttings, tunnels, bridges, stations, platforms, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems and associated buildings, depots, yards, plant, machinery and equipment; and
(b) a facility or infrastructure not referred to in paragraph (a) that is used to operate a railway that is prescribed to be rail infrastructure—
but does not include associated rail infrastructure;
S. 3(1) def. of Rail Track substituted by No. 6/2010
s. 200(3)
(Sch. 4 item 2(c)) (as amended by No. 45/2010
s. 19).
"Rail Track" means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010 ;
S. 3(1) def. of rail transport service inserted by No. 47/1998 s. 4(1), amended by Nos 98/1998 s. 4(2), 30/2000 s. 39(1), 65/2000 s. 8(1), repealed by No. 25/2005 s. 3(a).
* * * * *
S. 3(1) def. of railway track inserted by No. 29/2011 s. 3(Sch. 1 item 79(b)).
"railway track" includes heavy railway track and light railway track;
S. 3(1) def. of related body corporate inserted by No. 20/2002 s. 3.
"related body corporate" has the same meaning as in section 9 of the Corporations Act;
S. 3(1) def. of relevant assets inserted by No. 98/1998 s. 4(1).
"relevant assets", in Division 3 of Part 4, means assets of an operator which, under an agreement referred to in section 70, the parties agree are relevant assets for the purposes of that Division;
S. 3(1) def. of relevant date inserted by No. 98/1998 s. 4(1), amended by No. 45/1999 s. 4(1)(b).
"relevant date", in Division 3 of Part 4, in relation to an allocation statement under section 71 or relevant assets allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 71(5) for the purposes of that statement;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
S. 3(1) def. of road inserted by No. 104/1997 s. 5.
"road" includes street, lane, bridge, thoroughfare and any other place open to or used by the public for passage with vehicles and includes every carriageway, footpath, traffic island, nature strip and any area provided to separate vehicular traffic on any such street, lane, bridge, thoroughfare or other place;
S. 3(1) def. of rolling stock amended by No. 104/1997
s. 19(1)(b)
(i)–(iii).
"rolling stock" means a vehicle that operates on or uses a railway track or tramway track, and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley, wagon or monorail vehicle;
S. 3(1) def. of Safety Director inserted by No. 9/2006 s. 150,
substituted by No. 6/2010
s. 200(3)
(Sch. 4 item 2(d)) (as amended by No. 45/2010
s. 19), repealed by No. 34/2023 s. 127(Sch. 1
item 11).
* * * * *
S. 3(1) def. of Secretary inserted by No. 98/1998 s. 4(1),
substituted by No. 6/2010
s. 200(3)
(Sch. 4 item 2(e)) (as amended by No. 45/2010
s. 19).
"Secretary" has the same meaning as it has in section 3 of the Transport Integration Act 2010 ;
S. 3(1) def. of terminal inserted by No. 25/2005 s. 3(d).
"terminal" means a facility at which freight is loaded or unloaded from rolling stock, or stored, and includes hard stands, equipment and other infrastructure used for the loading or unloading of freight from rolling stock at the facility;
S. 3(1) def. of train operator inserted by No. 98/1998 s. 4(1), amended by No. 49/2004 s. 20(c)(i)(ii).
"train operator", in relation to a provision of this Act, means a body corporate specified in an Order under subsection (2) to be a train operator for the purposes of that provision;
S. 3(1) def. of tram infrastructure inserted by No. 104/1997 s. 19(1)(c).
"tram infrastructure" means the facilities that are used to operate a tramway and includes, but is not limited to, tramway track, associated track structures and works (such as cuttings, tunnels, bridges, stopping places, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems and associated buildings, workshops, depots, yards, plant, machinery and equipment, but does not include rolling stock;
S. 3(1) def. of tram operator inserted by No. 98/1998 s. 4(1), amended by No. 49/2004 s. 20(d)(i)(ii).
"tram operator", in relation to a provision of this Act, means a body corporate specified in an Order under subsection (3) to be a tram operator for the purposes of that provision;
S. 3(1) def. of transferee inserted by No. 98/1998 s. 4(1).
"transferee", in Division 3 of Part 4, means a person to whom relevant assets are allocated under an allocation statement under section 71;
S. 3(1) def. of transferor inserted by No. 98/1998 s. 4(1).
"transferor", in Division 3 of Part 4, means the operator from which relevant assets are transferred under an allocation statement under section 71;
S. 3(1) def. of V/Line Corporation inserted by No. 6/2010
s. 200(3)
(Sch. 4 item 2(f)) (as amended by No. 45/2010
s. 19).
"V/Line Corporation "has the same meaning as it has in section 3 of the Transport Integration Act 2010 .
S. 3(2) repealed by No. 104/1997 s. 19(2), new s. 3(2) inserted by No. 98/1998 s. 4(3), substituted by No. 45/1999 s. 5.
(2) The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that—
S. 3(2)(a) amended by Nos 30/2000 s. 39(2), 95/2005 s. 9(2)(b), 26/2009 s. 7(3), 61/2011 s. 25(Sch. 1 item 8.2), 3/2017 s. 50(Sch. 1 item 6.2), 49/2019 s. 186(Sch. 4 item 35.2(a)).
(a) is a party to a lease of rail infrastructure by the Head, Transport for Victoria or Rail Track; or
S. 3(2)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 8.2), 3/2017 s. 50(Sch. 1 item 6.3), 49/2019 s. 186(Sch. 4 item 35.2(b)).
(b) is a party to a contract with the Secretary or the Head, Transport for Victoria for the provision by that body corporate of a passenger service—
is, on and from a specified date, a train operator for the purposes of a specified provision of this Act.
S. 3(3) inserted by No. 98/1998 s. 4(3), substituted by No. 45/1999 s. 5.
(3) The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that—
S. 3(3)(a) amended by Nos 54/2001 s. 28, 95/2005 s. 9(2)(b), 26/2009 s. 7(3), 61/2011 s. 25(Sch. 1 item 8.2), 3/2017 s. 50(Sch. 1 item 6.2), 49/2019 s. 186(Sch. 4 item 35.3(a)).
(a) is a party to a lease of tram infrastructure by the Head, Transport for Victoria or Rail Track; or
S. 3(3)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 8.2), 3/2017 s. 50(Sch. 1 item 6.3), 49/2019 s. 186(Sch. 4 item 35.3(b)).
(b) is a party to a contract with the Secretary or the Head, Transport for Victoria for the provision by that body corporate of a passenger service—
is, on and from a specified date, a tram operator for the purposes of a specified provision of this Act.
S. 3A
inserted by No. 45/1999 s. 6, amended by No. 95/2005
s. 9(2)(b)(c), repealed by No. 26/2009 s. 7(4), new s. 3A
inserted by No. 6/2010
s. 24(5)
(Sch. 1 item 12) (as amended by No. 45/2010
s. 5).