Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) ACT 2011 (NO. 49 OF 2011) - SECT 3

See:
Act No.
6/2010.
Reprint No. 1
as at
1 September 2010
and amending
Act Nos
13/2009, 6/2010, 54/2010, 65/2010 and 79/2010.
LawToday:
www.
legislation.
vic.gov.au

After Part 7 of the Transport Integration Act 2010 insert —

" PART 7A—CONFLICT BETWEEN DECISIONS OF DIRECTOR, TRANSPORT SAFETY AND ROAD AUTHORITY

        197A     Definitions

In this Part—

"decision", of a regulator, includes any determination made, or direction given, by the regulator in the performance of its statutory functions and duties but does not include a direction given by the Director, Transport Safety under Division 2 of Part 4 of the Rail Safety Act 2006 ;

"regulated body" means—

        (a)     an operator within the meaning of the Bus Safety Act 2009 ;

        (b)     a rail operator within the meaning of the Rail Safety Act 2006 ;

"regulator", in relation to an activity carried out by a regulated body, means—

        (a)     the Director, Transport Safety; or

        (b)     a road authority;

"road authority" has the same meaning as it has in the Road Management Act 2004 .

        197B     Resolution of conflict by regulators

    (1)     This section applies if—

        (a)     a regulated body is subject to the decisions of—

              (i)     the Director, Transport Safety; and

              (ii)     a road authority; and

        (b)     in carrying out a particular activity, it is not possible for the regulated body to comply both with—

              (i)     a decision of the Director, Transport Safety made in relation to the activity; and

              (ii)     a decision of the road authority made in relation to the activity.

    (2)     The regulated body must notify each of the regulators and the Secretary that it is not possible for the regulated body to carry out the activity and comply with both of the regulators' decisions.

    (3)     As soon as practicable after a notification is given under subsection (2), the regulators or their representatives must meet and each regulator must give reasonable consideration to the extent, if any, that its original decision may be varied in order that the regulated body may carry out the activity and comply with the decisions of both regulators.

    (4)     The Secretary may—

        (a)     chair the meeting, or any subsequent meeting held pursuant to subsection (3); and

        (b)     give reasonable directions about the meeting and any subsequent meeting to the Director, Transport Safety, the road authority or both.

        197C     Determination by the Minister or Ministers

s. 3

    (1)     This section applies if—

        (a)     a notification has been given under section 197B(2); and

        (b)     either—

              (i)     the Secretary is satisfied that the respective statutory functions and duties of the regulators prevent them from varying their decisions to the extent necessary to enable the regulated body to comply with both; or

              (ii)     28 days have elapsed since the notification and the regulators have not been able to agree to variations to either or both of their decisions to the extent necessary to enable the regulated body to comply with both.

    (2)     The Secretary must refer the matter to the Minister or Ministers administering—

        (a)     this Act; and

        (b)     the Road Management Act 2004 .

    (3)     The Minister, or Ministers, (as the case requires) must determine which (if any) decision of the regulators the regulated body must comply with.

    (4)     If the effect of a determination by the Minister or Ministers under subsection (3) is that—

        (a)     a regulated body need not comply with the decision of the Director, Transport Safety—the Minister administering this Act must direct the Director, Transport Safety to revoke that decision to the extent that it is inconsistent with the decision of the road authority;

        (b)     a regulated body need not comply with the decision of a road authority—the Minister administering the Road Management Act 2004 must direct the road authority to revoke that decision to the extent that it is inconsistent with the decision of the Director, Transport Safety.

        197D     Regulators subject to guidelines and directions

s. 3

    (1)     A road authority and the Director, Transport Safety must—

        (a)     comply with any guidelines issued under section 197E; and

        (b)     comply with any directions given by the Secretary under section 197B(4)(b); and

        (c)     despite any other provision of this Act or any other Act, comply with any direction given by a Minister under section 197C(4).

    (2)     Subsection (1) has effect despite section 194.

        197E     Guidelines

The Minister or Ministers referred to in section 197C(2) may issue guidelines providing for mechanisms, processes and procedures to be adopted for the purposes of section 197B.

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PART 3—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983