Victorian Current Acts

TRANSPORT INTEGRATION ACT 2010 - SECT 65A

    (1)     A Transport Restructuring Order is an Order in Council made by the Governor in Council on the recommendation of the Minister which provides for any or all of the following—

        (a)     any of the matters or things that can be included in a Transport Restructuring Order;

        (b)     any matter necessary or convenient to give effect to this Division or to any other Order in Council made under this Division and to enable the effective implementation of any proposed restructuring;

S. 65A(1)(c) substituted by No. 19/2022 s. 24(1).

        (c)     whether a Transfer Order is required in relation to any proposed restructuring and whether the transfer of any employees will be necessary;

S. 65A(1)(d) amended by No. 49/2019 s. 35(a).

        (d)     transitional or savings provisions in relation to any act, matter or thing done or required to be done by or in relation to the Secretary or any sector transport agency affected by the Order in Council or to enable the effective implementation of any proposed restructuring.

    (2)     Without limiting the generality of subsection (1), an Order in Council made under this Division may do any of the following—

        (a)     change the name of a sector transport agency;

        (b)     give a name to a new sector transport agency;

        (c)     alter the constitution and membership of a sector transport agency;

        (d)     provide for the constitution and membership of a new sector transport agency.

    (3)     An Order in Council made under this Division—

        (a)     must specify a day or days upon which the Order in Council comes into operation;

S. 65A(3)(ab) inserted by No. 49/2019 s. 35(b).

        (ab)     must be published in the Government Gazette;

        (b)     upon being published in the Government Gazette has the like force and effect as if it were expressly enacted in this Act;

        (c)     may be amended or revoked by another Order in Council;

        (d)     has full force and effect despite any non‑compliance with any of the matters required by this Division as preliminary to the making of the Order in Council.

    (4)     An Order in Council made under this Division may—

        (a)     apply generally or be limited in its application by reference to specified matters or things;

        (b)     apply differently according to different factors or subject to specified exceptions;

        (c)     leave any matter or things to be from time to time determined, applied, dispensed with or regulated by a person or body specified in the Order in Council;

S. 65A(4)(d) amended by No. 19/2022 s. 24(2).

        (d)     confer functions, powers or impose duties in connection with the Order in Council on a person or body specified in the Order in Council;

        (e)     apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act;

S. 65A(4)(f) substituted by No. 49/2019 s. 35(c).

        (f)     contain provisions of a savings, transitional or consequential nature on the making of the Order in Council, including providing for the construction of references in any Act or subordinate legislation or in any other document of any kind;

S. 65A(4)(g) amended by No. 49/2019 s. 35(d).

        (g)     provide that while the Order in Council is in force or during a period specified in the Order in Council, the provisions of any transport legislation specified in the Order in Council apply as varied or modified by the Order in Council or that references in any transport legislation or any regulation or instrument or in any other document of any kind are to be construed as provided in the Order in Council.

S. 65B inserted by No. 3/2017 s. 3.