Victorian Current Acts Victorian Current ActsIn this Act—
S. 3 def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 107(a).
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3 def. of Australian Transport Safety Bureau or ATSB inserted by No. 22/2013 s. 81(1).
"Australian Transport Safety Bureau" or ATSB means the
Australian Transport Safety Bureau established under section 12 of the
Transport Safety Investigation Act 2003 of the Commonwealth;
"bus" has the same meaning as it has in section 3(1) of the Bus Safety Act 2009 ;
S. 3 def. of bus safety matter inserted by No. 41/2019 s. 89(a).
"bus safety matter" means—
(a) an incident involving a bus or any infrastructure used in bus operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example—
(i) any collision involving a bus;
(ii) any incident resulting from the operation of a bus;
(iii) any failure of any bus or part of a bus or of any equipment on a bus or of anything used in bus operations;
(iv) any failure or breach of any practice or procedure involving a bus;
(v) any fire, explosion or other similar occurrence involving a bus;
(vi) any incident in which there is evidence of systematic safety deficiencies;
(b) any other incident or any state of affairs involving, or in relation to buses or any infrastructure used in bus operations that is specified by the regulations for the purposes of this definition;
"bus service" has the same meaning as it has in section 3(1) of the Bus Safety Act 2009 ;
S. 3 def. of channel inserted by No. 45/2010 s. 4(d).
"channel", in relation to port waters, has the same meaning as in the
Port Management Act 1995 ;
"Chief Investigator, Transport" Safety means the person holding the position referred to in section 179(1);
S. 3 def. of commercial passenger vehicle amended by No. 19/2022 s. 31.
"commercial passenger vehicle" has the same meaning as it has in the Commercial Passenger Vehicle Industry Act 2017 ;
S. 3 def. of Commercial Passenger Vehicle Commission inserted by No. 63/2017 s. 21(Sch. 1 item 11.2), repealed by No. 34/2023 s. 71(1).
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S. 3 def. of commercial passenger vehicle safety matter inserted by No. 34/2023 s. 71(4).
"commercial passenger vehicle safety matter" means—
(a) an incident involving a commercial passenger vehicle or any infrastructure used in commercial passenger vehicle operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example—
(i) any collision involving a commercial passenger vehicle;
(ii) any incident resulting from the operation of a commercial passenger vehicle;
(iii) any failure of any commercial passenger vehicle or part of a commercial passenger vehicle or of any equipment on a commercial passenger vehicle or of anything used in commercial passenger vehicle operations;
(iv) any failure or breach of any practice or procedure involving a commercial passenger vehicle;
(v) any fire, explosion or other similar occurrence involving a commercial passenger vehicle;
(vi) any incident in which there is evidence of systematic safety deficiencies;
(b) any other incident or any state of affairs involving, or in relation to commercial passenger vehicles or any infrastructure used in commercial passenger vehicle operations that is specified by the regulations for the purposes of this definition;
S. 3 def. of commercial passenger vehicle service inserted by No. 63/2017 s. 21(Sch. 1 item 11.2).
"commercial passenger vehicle service" has the same meaning as it has in the Commercial Passenger Vehicle Industry Act 2017 ;
S. 3 def. of commercial trading port inserted by No. 45/2010 s. 4(d).
commercial trading port has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of correspond-ing safety law amended by No. 13/2009
s. 101A(1)(a) (as amended by No. 6/2010
s. 203(1)
(Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)),
repealed by No. 65/2010 s. 420(Sch. 3 item 16.4).
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"decision making principles" means the principles specified in Division 3 of Part 2;
S. 3 def. of declared area inserted by No. 17/2018 s. 25.
"declared area" has the same meaning as in the Planning and Environment Act 1987 ;
S. 3 def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 51.1), 49/2019 s. 66(1)(a), 34/2023 s. 121(a).
"Department" means the Department of Transport and Planning;
"development", in Division 4 of Part 3, has the same meaning as it has in section 3 of the Major Transport Projects Facilitation Act 2009 ;
S. 3 def. of Director of Public Transport repealed by No. 61/2011 s. 26(1)(a).
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S. 3 def. of Director, Transport Safety repealed by No. 34/2023 s. 71(1).
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S. 3 def. of domestic partner inserted by No. 45/2010 s. 4(d).
"domestic partner" of a person means—
(a) a person who is in a registered relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 3 def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 19.1).
"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;
S. 3 def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 19.1).
"film permit" has the same meaning as in the Filming Approval Act 2014 ;
S. 3 def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 107(a).
"Great Ocean Road coast and parks" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3 def. of Great Ocean Road Coast and Parks Authority inserted by No. 19/2020 s. 107(a).
Great Ocean Road Coast and Parks Authority means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020 ;
S. 3 def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 107(a).
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3 def. of Great Ocean Road region inserted by No. 19/2020 s. 107(a).
"Great Ocean Road region" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3 def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 107(a).
"Great Ocean Road scenic landscapes area" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3 def. of harbour master amended by No. 65/2010 s. 420(Sch. 3 item 16.1(a)).
"harbour master" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
S. 3 def. of Head, Transport for Victoria inserted by No. 3/2017 s. 4(a), amended by No. 49/2019 s. 66(1)(b).
"Head, Transport for Victoria" means the body corporate established under section 64A;
S. 3 def. of hire car inserted by No. 34/2011 s. 3(1).
"hire car" has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;
S. 3 def. of interface body amended by Nos 35/2011 s. 22, 10/2017 s. 38(a), 11/2017 s. 103, 19/2018 s. 251(1), 8/2019 s. 152(1), 9/2020 s. 390(Sch. 1 item 105(a)), 19/2020 s. 107(b), 30/2021 s. 70(1), 43/2021 s. 219(Sch. 1 item 11.1(b)).
"interface body" means—
(a) in respect of the Conservation, Forests and Lands Act 1987 , the body corporate established under that Act under the name Secretary to the Department of Environment, Land, Water and Planning;
(b) in respect of the Local Government Act 2020 , a Municipal Council;
(c) in respect of the Parks Victoria Act 2018 , Parks Victoria established under that Act;
(d) in respect of the Planning and Environment Act 1987 —
(i) a planning authority under that Act;
(ii) the Victorian Planning Authority established under the Victorian Planning Authority Act 2017 ;
(da) in respect of the Victorian Planning Authority Act 2017 , the Victorian Planning Authority established under that Act;
(e) in respect of the Major Transport Projects Facilitation Act 2009 —
(i) a project authority appointed under section 6 of that Act;
(ii) a project proponent appointed under section 15 of that Act;
(iii) an assessment committee established under section 35 of that Act;
(f) in respect of the Project Development and Construction Management Act 1994 , a Minister or facilitating agency;
(g) in respect of the Development Victoria Act 2003 , Development Victoria established under that Act;
(ga) in respect of the Suburban Rail Loop Act 2021 , the Suburban Rail Loop Authority when it is exercising its functions and powers in respect of planning and precinct development;
(h) in respect of any interface legislation, a Minister administering the interface legislation;
(i) in respect of land managed or controlled under the Wildlife Act 1975 , the Crown Land (Reserves) Act 1978 , the Forests Act 1958 , the Land Act 1958 , the National Parks Act 1975 , Part 4 of the Water Industry Act 1994 or the Alpine Resorts (Management) Act 1997 , the person or body responsible for the management or control of that land;
(ia) in respect of the Great Ocean Road and Environs Protection Act 2020 , the Great Ocean Road Coast and Parks Authority;
(j) a person or body which is declared to be an interface body—
(i) by the Act under which the person is appointed or the body is established; or
(ii) by the interface legislation under which functions or powers are conferred on the person or body—
either generally or in respect of the exercise of the functions or powers in respect of which the person or body is declared to be an interface body by the Act or interface legislation;
(k) a public body which is declared to be an interface body by an Order in Council made under section 4 either generally or in respect of the exercise of the functions or powers in respect of which it is declared to be an interface body by the Order in Council;
S. 3 def. of interface legislation amended by Nos 49/2013 s. 72, 10/2017 s. 38(b), 19/2018 s. 251(2), 9/2020 s. 390(Sch. 1 item 105(b)), 19/2020 s. 107(c), 43/2021 s. 219(Sch. 1 item 11.1(c)).
"interface legislation" means—
(a) Alpine Resorts (Management) Act 1997 ;
(b) Conservation, Forests and Lands Act 1987 ;
(c) Crown Land (Reserves) Act 1978 ;
(ca) Environment Effects Act 1978 ;
(d) Forests Act 1958 ;
(da) Great Ocean Road and Environs Protection Act 2020 ;
(e) Land Act 1958 ;
(f) Local Government Act 1989 ;
(fa) the Local Government Act 2020 ;
(g) Major Transport Projects Facilitation Act 2009 ;
(h) National Parks Act 1975 ;
(i) Parks Victoria Act 2018 ;
(j) Planning and Environment Act 1987 ;
(k) Project Development and Construction Management Act 1994 ;
(l) Development Victoria Act 2003 ;
(la) Suburban Rail Loop Act 2021 ;
(m) Part 4 of the Water Industry Act 1994 ;
(n) Wildlife Act 1975 ;
(o) any other Act or provision of any other Act which is declared to be interface legislation by that other Act;
(p) any regulations or other subordinate instrument made under an Act which is interface legislation;
S. 3 def. of lead transport agency inserted by No. 3/2017 s. 4(a), repealed by No. 49/2019 s. 66(1)(e).
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S. 3 def. of Linking Melbourne Authority repealed by No. 49/2019 s. 62(a).
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S. 3 def. of local port inserted by No. 19/2022 s. 3(1).
"local port" has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of mandatory bus safety decision inserted by No. 13/2009
s. 101A(1)(b) (as amended by No. 6/2010
s. 203(1)
(Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)).
"mandatory bus safety decision" has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;
S. 3 def. of mandatory marine safety decision amended by No. 65/2010 s. 420(Sch. 3 item 16.1(b)).
"mandatory marine safety decision" has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;
S. 3 def. of mandatory rail safety decision repealed by No. 41/2019 s. 89(e).
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S. 3 def. of mandatory transport safety decision amended by
Nos 13/2009 s. 101A(1)(c) (as amended by No. 6/2010
s. 203(1)
(Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)),
41/2019 s. 89(b).
"mandatory transport safety decision" means—
(a) a mandatory marine safety decision; or
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(c) a mandatory bus safety decision;
S. 3 def. of marine safety matter amended by Nos 65/2010 s. 420(Sch. 3 item 16.1(c)), 36/2013 s. 92(1), 34/2023 s. 121(b).
"marine safety matter" means—
(a) an incident involving a vessel that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to, or the loss of, the vessel or any other vessel, or to any other property or equipment, and includes, for example—
(i) any accident involving a vessel;
(ii) any incident involving a vessel in which there is evidence of systematic safety deficiencies;
(b) the occurrence of any event that provides reasonable grounds for the belief—
(i) that any pilot, pilot exempt master, harbour master, pilotage services provider or person providing a service under the Marine Safety Act 2010 has acted incompetently in the course of their duties or in breach of that Act or the regulations made under that Act; or
(ii) that the holder of any harbour master licence has breached the conditions of that licence; or
(iii) that any pilot, pilot exempt master or pilotage services provider, who is registered under the Marine Safety Act 2010 to act as a pilot, pilot exempt master or pilotage services provider (as the case requires), has breached the conditions of that registration;
(c) any other incident or any state of affairs involving, or in relation to, a vessel that is specified by the regulations for the purposes of this definition;
S. 3 def. of master amended by No. 65/2010 s. 420(Sch. 3 item 16.1(d)).
"master" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
"motor vehicle" has the same meaning as it has in section 3(1) of the Road Safety Act 1986 ;
S. 3 def. of National Rail Safety Regulator inserted by No. 22/2013 s. 81(1).
"National Rail Safety Regulator "means the Regulator within the meaning of the Rail Safety National Law (Victoria);
S. 3 def. of National Regulator inserted by No. 36/2013 s. 92(2).
"National Regulator" means the National Marine Safety Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law;
S. 3 def. of Office of the National Rail Safety Regulator inserted by No. 22/2013 s. 81(1).
Office of the National Rail Safety Regulator has the same meaning as in the Rail Safety National Law (Victoria);
S. 3 def. of partner inserted by No. 45/2010 s. 4(d).
"partner" of a person means the person's spouse or domestic partner;
S. 3 def. of passenger services amended by Nos 34/2011 s. 3(2), 61/2011 s. 5(1)(a).
"passenger services" includes—
(a) bus services;
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(c) ferry passenger services;
(d) rail passenger services (including train and tram services provided by a passenger transport company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 );
S. 3 def. of pilot amended by No. 65/2010 s. 420(Sch. 3 item 16.1(e)).
"pilot" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
S. 3 def. of pilot exempt master amended by No. 65/2010 s. 420(Sch. 3 item 16.1(f)) .
"pilot exempt master" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
S. 3 def. of pilotage services provider amended by No. 65/2010 s. 420(Sch. 3 item 16.1(g)).
"pilotage services provider" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
S. 3 def. of port inserted by No. 45/2010 s. 4(d).
"port" has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of Port Capacity Project part of the port of Melbourne inserted by No. 10/2016 s. 89.
"Port Capacity Project part of the port of Melbourne" means that part of the port of Melbourne at which the development declared in the nomination order under the Project Development and Construction Management Act 1994 , dated 4 September 2012 and published in the Government Gazette on 7 September 2012, is being carried out;
S. 3 def. of port land inserted by No. 19/2022 s. 3(1).
"port land" means—
(a) in the case of the port of Melbourne, the port of Melbourne land within the meaning of the Port Management Act 1995 ; and
(b) in the case of any other port, the land declared by Order in Council made under section 5 of that Act to be the port land of that port;
S. 3 def. of port manager inserted by No. 45/2010 s. 4(d).
port manager has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of port of Hastings inserted by No. 45/2010 s. 4(d).
port of Hastings has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of Port of Hastings Development Authority inserted by No. 38/2011 s. 3(1), amended as Port of Hastings Corporation by No. 19/2022 s. 16(a).
"Port of Hastings Corporation" means the body corporate established under section 141Q;
S. 3 def. of port of Hastings waters inserted by No. 45/2010 s. 4(d).
port of Hastings waters has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of port of Melbourne inserted by No. 45/2010 s. 4(d).
port of Melbourne has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of Port of Melbourne Corporation inserted by No. 45/2010 s. 4(d), repealed by No. 10/2016 s. 175(2)(a).
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*
S. 3 def. of port of Melbourne waters inserted by No. 45/2010 s. 4(d).
port of Melbourne waters has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of port waters inserted by No. 45/2010 s. 4(d).
"port waters" has the same meaning as in the Port Management Act 1995 ;
S. 3 def. of Ports Victoria inserted by No. 19/2022 s. 3(1).
"Ports Victoria" means the body corporate continued under section 133B;
"prescribed" means prescribed by regulations made under this Act;
S. 3 def. of public entity inserted by No. 45/2010 s. 4(d).
public entity has the same meaning as in the Public Administration Act 2004 ;
S. 3 def. of Public Transport Development Authority inserted by No. 61/2011 s. 5(1)(b), repealed by No. 49/2019 s. 58(1)(a).
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S. 3 def. of Public Transport Fund inserted by No. 49/2019 s. 66(1)(f).
"Public Transport Fund"—see section 39A;
"public transport safety matter" means—
(a) an incident involving rolling stock, rail infrastructure, a bus or any infrastructure used in bus operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example—
(i) any derailment of any rolling stock;
(ii) any collision involving any bus or rolling stock;
(iii) any incident resulting from the construction, maintenance or operation of a railway or from the operation of a bus;
(iv) any failure of any part of rail infrastructure or any rolling stock or any part of any rolling stock;
(v) any failure of any bus or part of a bus or of any equipment on a bus or of anything used in bus operations;
(vi) any failure or breach of any practice or procedure involving rolling stock or a bus;
(vii) any fire, explosion or other similar occurrence involving rolling stock or a bus;
(viii) any incident in which there is evidence of systematic safety deficiencies;
(b) any other incident or any state of affairs involving, or in relation to, rolling stock, rail infrastructure, buses or any infrastructure used in bus operations that is specified by the regulations for the purposes of this definition;
"public transport system" means public transport and the public transport related components of the transport system including any passenger services;
S. 3 def. of
rail infrastructure amended by No. 22/2013 s. 81(2)(a),
substituted by No. 41/2019 s. 89(c).
"rail infrastructure" has the same meaning as in section 4(1) of the Rail
Safety National Law (Victoria);
S. 3 def. of rail safety officer inserted by No. 22/2013 s. 81(1), repealed by No. 41/2019 s. 89(e).
* * * * *
S. 3 def. of
rail safety recom-mendation amended by No. 61/2011 ss 5(1)(c),
26(1)(b), repealed by No. 41/2019 s. 89(e).
* * * * *
S. 3 def. of
rail safety worker amended by No. 22/2013 s. 81(2)(a),
repealed by No. 41/2019 s. 89(e).
* * * * *
S. 3 def. of railway substituted by No. 22/2013 s. 81(2)(d).
"railway "has the same meaning as in the Rail Safety National Law (Victoria);
S. 3 def. of regional port waters inserted by No. 19/2022 s. 3(1).
"regional port waters" means port waters other than—
(a) port of Melbourne waters; or
(b) waters declared by Order in Council under section 5(2) of the Port Management Act 1995 to be the port waters of a local port (within the meaning of that Act); or
(c) waters deemed under section 183(1) of the Port Management Act 1995 to be the waters of a local port (within the meaning of that Act) for the purposes of that Act;
S. 3 def. of relevant marine safety law repealed by No. 65/2010 s. 420(Sch. 3 item 16.4) .
* * * * *
S. 3 def. of relevant rail safety project repealed by No. 41/2019 s. 89(e).
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*
S. 3 def. of relevant transport safety law repealed by No. 41/2019 s. 89(e).
* * * * *
"road" has the same meaning as it has in section 3(1) of the Road Management Act 2004 ;
"road-related infrastructure" has the same meaning as it has in section 3(1) of the Road Management Act 2004 ;
"road system" means the roads and road related components of the transport system including any transport services, motor vehicles and any other users of the road system;
S. 3 def. of Road Transport-Related Project repealed by No. 49/2019 s. 62(a).
* * * * *
S. 3 def. of Roads Corporation repealed by No. 49/2019 s. 60(1)(a).
* * * * *
S. 3 def. of Roads Fund inserted by No. 49/2019 s. 66(1)(f).
"Roads Fund"—see section 39B;
"roadside" has the same meaning as it has in section 3(1) of the Road Management Act 2004 ;
S. 3 def. of rolling stock substituted by No. 22/2013 s. 81(2)(e).
"rolling stock "has the same meaning as in the Rail Safety National Law (Victoria);
S. 3 def. of Safe Transport Victoria inserted by No. 34/2023 s. 71(4).
"Safe Transport Victoria" means the body corporate continued under section 115B;
"Secretary" means the Secretary to the Department;
S. 3 def. of sector transport agency inserted by No. 3/2017 s. 4(a), amended by Nos 63/2017 s. 21(Sch. 1 item 11.1(a)), 49/2019 ss 58(1)(b), 60(1)(b), 62(b), 66(1)(d), 30/2021 s. 70(2), 19/2022 ss 3(2)(3), 16(b), 34/2023 s. 71(2).
"sector transport agency" means—
* * * * *
* * * * *
* * * * *
(ba) the Head, Transport for Victoria;
(c) Safe Transport Victoria; or
(d) the V/Line Corporation; or
(e) Ports Victoria; or
* * * * *
* * * * *
* * * * *
(h) the Port of Hastings Corporation; or
(i) any new sector transport agency constituted under a Transport Restructuring Order;
S. 3 def. of spouse inserted by No. 45/2010 s. 4(d).
"spouse" of a person means a person to whom the person is married;
S. 3 def. of Statement of Planning Policy inserted by No. 17/2018 s. 25.
"Statement of Planning Policy" has the same meaning as in the
Planning and Environment Act 1987 ;
"statement of policy principles" means a statement issued under section 22;
S. 3 def. of Suburban Rail Loop Authority inserted by No. 43/2021 s. 219(Sch. 1 item 11.1(a)).
"Suburban Rail Loop Authority" means the Suburban Rail Loop Authority established by section 8 of the Suburban Rail Loop Act 2021 ;
S. 3 def. of taxi-cab inserted by No. 34/2011 s. 3(1), repealed by No. 63/2017 s. 21(Sch. 1 item 11.1(b)).
* * * * *
S. 3 def. of Taxi Services Commission inserted by No. 34/2011 s. 3(1), repealed by No. 63/2017 s. 21(Sch. 1 item 11.1(b)).
* * * * *
S. 3 def. of Transfer Order inserted by No. 3/2017 s. 4(a), amended by No. 49/2019 s. 66(2)(a).
"Transfer Order" means an Order in Council made under Division 2 of Part
4B;
S. 3 def. of transport body amended by Nos 45/2010 s. 4(a), 34/2011 s. 3(3), 61/2011 s. 5(1)(d), 38/2011 s. 3(2), 65/2010 s. 420(Sch. 3 item 16.2), 61/2011 ss 26(1)(c), 30, 22/2013 s. 81(2)(b), 10/2016 s. 175(2)(b), 3/2017 s. 4(b), 63/2017 s. 21(Sch. 1 item 11.1(c)), 49/2019 ss 56(1)(a), 58(1)(c), 60(1)(c), 62(c), 18/2020 s. 156(1)(a), 43/2021 s. 219(Sch. 1 item 11.1(c)), 19/2022 ss 3(4), 16(c), 34/2023 s. 71(3).
"transport body" means—
(a) the Minister;
(b) the Minister administering any other transport legislation in respect of the transport system;
(c) the Department;
(d) a Department or public entity engaged in the development of policy in respect of the transport system;
(e) the Secretary;
(ea) the Head, Transport for Victoria;
(eb) any new sector transport agency constituted under a Transport Restructuring Order;
* * * * *
* * * * *
(ha) the Office of the National Rail Safety Regulator;
(hb) the National Rail Safety Regulator;
(i) the Chief Investigator, Transport Safety;
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
(n) the Victorian Rail Track;
(o) the V/Line Corporation;
(p) Ports Victoria;
(q) the Port of Hastings Corporation;
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* * * * *
(rb) the North East Link State Tolling Corporation;
(rc) the Suburban Rail Loop Authority when it is exercising its functions and powers under any transport legislation in respect of transport planning or transport infrastructure development or operations;
* * * * *
(t) a waterway manager within the meaning of section 3(1) of the Marine Safety Act 2010 ;
(u) the Infrastructure Reference Panel established under section 31 of the Road Management Act 2004 ;
(v) the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001 when it is exercising its functions and powers under any transport legislation in respect of the transport system;
(w) a coordinating road authority within the meaning of section 3(1) of the Road Management Act 2004 ;
(x) a committee, board, council or other body established by the Minister under any transport legislation;
(y) a person or body which is declared to be a transport body—
(i) by the Act under which the person is appointed or the body is established; or
(ii) by the transport legislation under which functions or powers are conferred on the person or body—
either generally or in respect of the exercise of the functions or powers in respect of which the person or body is declared to be a transport body by the Act or transport legislation;
(z) a public body which is declared to be a transport body under any transport legislation by an Order in Council made under section 4 either generally or in respect of the exercise of the functions or powers in respect of which the public body is declared to be a transport body by the Order in Council;
S. 3 def. of Transport Corporation amended by Nos 45/2010 s. 4(b), 38/2011 s. 3(3), 10/2016 s. 175(2)(c), 49/2019 s. 62(d), 19/2022 ss 3(5)(6), 16(d).
"Transport Corporation" means—
* * * * *
(b) the Victorian Rail Track; or
(c) the V/Line Corporation; or
(d) Ports Victoria; or
* * * * *
(f) the Port of Hastings Corporation;
S. 3 def. of Transport Infrastructure Development Agent repealed by No. 49/2019 s. 56(1)(b).
* * * * *
S. 3 def. of Transport Infrastructure Project repealed by No. 49/2019 s. 56(1)(b).
* * * * *
S. 3 def. of transport legislation amended by Nos 13/2009
s. 101A(1)(d) (as amended by No. 6/2010
s. 203(1)
(Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)),
45/2010 ss 4(c), 23(1), 65/2010 s. 420(Sch. 3 item 16.3),
36/2013 s. 92(3), 22/2013 s. 81(2)(c), 63/2017 s. 21(Sch.
1 item 11.1(d)), 8/2019 s. 152(2), 41/2019 s. 89(d), 18/2020
s. 156(1)(b), 18/2021 s. 80, 43/2021 s. 219(Sch. 1
item 11.1(e)).
"transport legislation" means—
(a) Accident Towing Services Act 2007 ;
(b) Border Railways Act 1922 ;
(c) Bus Safety Act 2009 ;
(d) Bus Services Act 1995 ;
(e) Business Franchise (Petroleum Products) Act 1979 ;
(ea) Commercial Passenger Vehicle Industry Act 2017 ;
(f) EastLink Project Act 2004 ;
(g) Marine (Drug, Alcohol and Pollution Control) Act 1988 ;
(ga) Marine Safety Act 2010 ;
(gb) the Marine Safety (Domestic Commercial Vessel) National Law;
(gc) the Marine (Domestic Commercial Vessel National Law Application) Act 2013 ;
(h) Melbourne City Link Act 1995 ;
(i) National Rail Corporation (Victoria) Act 1991 ;
(ia) North East Link Act 2020 ;
(j) Pollution of Waters by Oil and Noxious Substances Act 1986 ;
(k) Port Management Act 1995 ;
(l) Rail Management Act 1996 ;
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(ma) the Rail Safety National Law Application Act 2013 ;
(mb) the Rail Safety National Law (Victoria);
(n) Road Management Act 2004 ;
(o) Road Safety Act 1986 ;
(oa) Suburban Rail Loop Act 2021 ;
(p) Transport (Compliance and Miscellaneous) Act 1983 ;
(q) Very Fast Train (Route Investigation) Act 1989 ;
(qaa) West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 ;
(qa) Western Port (Steel Works) Act 1970 ;
(r) Westernport (Crib Point Terminal) Act 1963 ;
(ra) Westernport Development Act 1967 ;
(rb) Zero and Low Emission Vehicle Distance-based Charge Act 2021 ;
(s) any other Act or provision of any other Act which is declared to be transport legislation by that other Act;
(t) this Act;
(u) any regulations or other subordinate instrument made under an Act which is transport legislation;
S. 3 def. of t ransport-related land , infrastructure and assets amended by Nos 61/2011 ss 5(1)(e), 26(1)(d) (as amended by No. 66/2012 s. 33(1)), 3/2017 s. 4(c), 49/2019 ss 58(1)(d), 66(1)(c).
"transport-related land, infrastructure and assets" includes the land, tracks, crossings, signals, buildings and structures including bridges, overhead wiring, power substations, communications networks, base stations, depots and associated buildings and rolling stock whether—
(a) operational because it has been released to the Secretary, the Head, Transport for Victoria or any other person for transport purposes to support the transport system or related matters; or
(b) non-operational because it has not been released to the Secretary, the Head, Transport for Victoria or any other person for transport purposes;
S. 3 def. of Transport Restructuring Order inserted by No. 3/2017 s. 4(a), amended by No. 49/2019 s. 66(2)(b).
"Transport Restructuring Order" means an Order in Council made under Division 1 of Part 4B;
S. 3 def. of transport safety repealed by No. 41/2019 s. 89(e).
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S. 3 def. of transport safety agency repealed by No. 34/2023 s. 97.
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S. 3 def. of transport safety appointee repealed by No. 34/2023 s. 97.
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S. 3 def. of transport safety law inserted by No. 41/2019 s. 89(a).
"transport safety law" has the same meaning as in section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 ;
"transport safety matter" means—
(a) a marine safety matter;
(b) a public transport safety matter;
"transport safety officer" has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;
S. 3 def. of transport services amended by No. 61/2011 s. 5(1)(f).
"transport services" includes—
(a) passenger services;
(b) rail freight services;
(c) road freight services;
(ca) commercial passenger vehicle services;
(d) any other services that are provided to support the transport system;
S. 3 def. of transport system amended by Nos 34/2011 s. 3(4), 63/2017 s. 21(Sch. 1 item 11.1(e)).
"transport system" means all the components which make up the system for the movement of persons and goods including—
(a) the physical components such as—
(i) transport networks, paths and ways including roads, railways, shipping lanes, waterways, air flight paths, crossings, cycling paths and footpaths;
(ii) facilities for accessing, disembarking, unloading and the interchange of, persons and goods and for the storage of freight and vehicles, including train stations, tram stops, bus stops, inter-modal transfer facilities, freight yards, port facilities, airports and taxi stands, depots and networks;
(iii) motor vehicles (including commercial passenger vehicles), trains, trams, buses, ferries, boats, ships, aeroplanes, motor cycles, bicycles and mobility aids;
(iv) control, communications and location systems and technology, information, and other systems and equipment;
(b) the management components such as—
(i) strategic planning including plans for building the network, acquiring vehicles, reserving land for future development and business continuity;
(ii) operations planning including business plans, corporate plans, operations plans and contingency plans;
(iii) operational matters required to operate the transport system including schedules, timetables and ticketing systems;
(iv) administration, maintenance and information management matters;
(v) research and marketing including advertising and promotions;
(vi) legislative and regulatory systems such as registration, licensing and accreditation;
(c) the labour components including all the persons involved in planning, policy development, operations and regulating and managing the physical and management components of the transport system;
(d) the services components including passenger, freight and any other transport services to move persons and goods;
S. 3 def. of transport system agency amended by Nos 34/2011 s. 3(5), 61/2011 ss 5(1)(g), 26(1)(e), 63/2017 s. 21(Sch. 1 item 11.1(f)), 49/2019 ss 46, 58(1)(e), repealed by No. 49/2019 s. 66(1)(e).
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"transport system objectives" means the objectives specified in Division 2 of Part 2;
S. 3 def. of vessel amended by No. 65/2010 s. 420(Sch. 3 item 16.1(h)).
"vessel" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
S. 3 def. of Victorian Ports Corporation (Melbourne) inserted by No. 10/2016 s. 175(1), repealed by No. 19/2022 s. 3(7).
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S. 3 def. of Victorian ports system inserted by No. 19/2022 s. 3(1).
"Victorian ports system" means all the components that make up Victoria's system of commercial trading ports and local ports including the following—
(a) port land and port waters;
(b) the physical components such as—
(i) transport networks and ways including channels, shipping lanes, waterways, roads and railways;
(ii) facilities for accessing, disembarking, unloading and the interchange of persons and goods and for the storage of freight, vessels and vehicles, including inter-modal transfer facilities, freight yards, port facilities, wharves, piers, jetties, depots and networks;
(iii) ferries, boats and ships and other vessels and vehicles;
(iv) control, communications, navigation and location systems and technology, information, and other systems and equipment;
(c) the management components such as—
(i) strategic planning including plans for building the network, acquiring vessels, reserving land for future development and business continuity;
(ii) operations planning including business plans, corporate plans, operations plans and contingency plans;
(iii) operational matters required to operate the Victorian ports system;
(iv) administration, maintenance and information management matters;
(v) research and marketing including advertising and promotions;
(d) the labour components including—
(i) pilotage services providers, pilots, harbour masters, towage service providers and all the persons involved in the operation of vessels or water and landside operations within the Victorian ports system;
(ii) all the persons involved in planning, policy development, operations and managing the physical and management components of the Victorian ports system;
(e) the services components including passenger, freight and any other transport services to move persons and goods;
"Victorian Rail Track" means the body corporate continued under section 116;
S. 3 def. of Victorian Regional Channels Authority inserted by No. 45/2010 s. 4(d), repealed by No. 19/2022 s. 3(7).
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"vision statement" means the statement set out in section 6 ;
S. 3 def. of V/Line Corporation amended by No. 49/2017 s. 88(1).
"V/Line" Corporation means the body corporate continued under section 128;
S. 3 def. of Yarra protection principles inserted by No. 49/2017 s. 88(2).
"Yarra protection principles" has the same meaning as in the Yarra River
Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3 def. of Yarra River land inserted by No. 49/2017 s. 88(2).
"Yarra River land" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3 def. of Yarra Strategic Plan inserted by No. 49/2017 s. 88(2).
"Yarra Strategic Plan" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3 def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 88(2).
"Yarra Strategic Plan area" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 .