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PARLIAMENT OF VICTORIA
Rail Corporations (Further Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--RAIL CORPORATIONS ACT 1996 3
3. Principal Act 3
4. Definitions 3
5. New section 8A inserted 6
8A. Rail Track may trade as VicTrack 6
6. Functions and powers of Rail Track 6
7. Amendment of section 13F 6
8. New section 18AA inserted 7
18AA. Met Train 1 may trade as Bayside Trains 7
9. New section 18GA inserted 7
18GA. Met Train 2 may trade as Hillside Trains 7
10. New section 18MA inserted 7
18MA. Met Tram 1 may trade as Swanston Trams 7
11. New section 18TA inserted 7
18TA. Met Tram 2 may trade as Yarra Trams 7
12. New section 18ZAA inserted 8
18ZAA. Trading name 8
13. Amendment of section 39 8
14. New sections 59A to 59C inserted 9
59A. List of RC staff 9
59B. Transfer of RC staff 10
59C. Future terms and conditions of transferred employees 11
15. New Parts 4 to 7 inserted 12
PART 4--RAIL AND TRAM OPERATORS 12
Division 1--Certain powers 12
60. Clearance of trees etc. 12
61. No obligation to fence 15
62. Power to break up roads, etc. 16
63. Power to install stopping places, etc. 18
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Clause Page
64. Level crossings 19
65. Tram infrastructure 21
66. Overhead power supply 22
67. Power to stop traffic 24
Division 2--Provisions applying to certain agreements 25
68. Civil penalty provisions 25
69. Validity of certain provisions 27
Division 3--Certain operating assets 28
70. Assets of certain operators 28
71. Allocation statement 29
72. Assets transferred in accordance with statement 30
73. Allocation of assets subject to encumbrances 30
74. Certificate of Director 31
75. Consideration for transferred property 31
76. Former transferor instruments and agreements 32
77. Proceedings 32
78. Taxes 32
79. Evidence 33
80. Validity of things done under this Division 33
PART 5--PROHIBITED INTERESTS 34
Division 1--Preliminary 34
81. Definitions 34
82. Relevant interest in, and entitlement to, shares 35
83. Corporations Law 36
84. Unit trusts 37
85. Stock 37
86. Controlling interest 38
87. Application of Part to partnerships 39
88. Certain shareholders agreements to be disregarded 40
89. Certain "see-through" interests to be disregarded 41
90. Effect of certificate under section 88 or 89 44
91. Application and construction of Part 44
Division 2--Prohibited interests 45
92. Prohibited interests 45
93. Other provisions relating to prohibited interests 45
94. Temporary exemption from prohibition 46
95. Power to require information relating to interests 47
96. Disposal of interest 48
97. Voting rights in respect of certain shares 52
98. Annulment of certain resolutions 52
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Clause Page
99. Making, review and revocation of determination by
ORG 53
100. Appeal against determination of ORG 53
101. Sale of forfeited shares 54
102. Service 55
PART 6--GENERAL 55
103. Delegation 55
104. Freedom of Information Act 1982 56
105. Supreme Court--limitation of jurisdiction 56
106. Regulations 56
PART 7--TRANSITIONAL 57
107. Orders under repealed sections 57
108. Repeals consequential on new Part 4 57
16. New section 106A inserted 57
106A. Privatisation of V/Line Freight 57
PART 3--TRANSPORT ACT 1983 59
17. Principal Act 59
18. Definitions: general 59
19. Heading to Division 1, Part 2 61
20. New section 4A inserted 61
4A. Revenue allocation agreements 62
21. Powers of Secretary 62
22. New sections 8 and 9 inserted 62
8. Director of Public Transport 62
9. Functions and powers of Director 62
23. New section 10 inserted 64
10. Priority of passenger services 64
24. New section 11 inserted 68
11. Public Transport Fund 68
25. Contracts with Crown 69
26. Regulations 69
27. Definitions: Part VII 71
28. Amendment of Division heading 71
29. Amendment of section 211 71
30. Ticket and transport infringements 73
31. Power to require names and addresses 73
32. New section 219AA inserted 74
219AA. Power of authorised persons to detain suspected
offenders 74
33. Power to remove offenders 76
34. Ticket conditions 77
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Clause Page
35. Graffiti 77
36. Prosecutions 78
37. Evidentiary provisions 79
38. New section 246B inserted 80
246B. Rail Corporations (Further Amendment) Act 1998 80
39. New section 249C inserted 80
249C. Exemption for tramway rollingstock 80
PART 4--OTHER ACTS 82
40. Rail Corporations (Amendment) Act 1997 82
41. Rail Corporations (Amendment) Act 1998 83
42. Access Regime 83
38B. Objectives of the Office of the Regulator-General 83
43. Further amendment of access regime 84
44. Borrowing and Investment Powers Act 1987 84
45. Country Fire Authority Act 1958 85
46. Docklands Authority Act 1991 85
47. Local Government Act 1989 85
48. Office of the Regulator-General Act 1994 86
49. Treasury Corporation of Victoria Act 1992 86
NOTES 87
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PARLIAMENT OF VICTORIA
A BILL
to make further amendments to the Rail Corporations Act 1996 and
the Transport Act 1983 and for other purposes.
Rail Corporations (Further
Amendment) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make further
amendments to the Rail Corporations Act 1996
5 and the Transport Act 1983.
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Rail Corporations (Further Amendment) Act 1998
s. 2
Act No.
2. Commencement
(1) This Part and sections 40 to 43 come into
operation on the day on which this Act receives
the Royal Assent.
5 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2000, it
10 comes into operation on that day.
_______________
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Rail Corporations (Further Amendment) Act 1998
s. 3
Act No.
PART 2--RAIL CORPORATIONS ACT 1996
3. Principal Act
No. 79/1996
In this Part, the Rail Corporations Act 1996 is as amended
called the Principal Act. by Nos
104/1997,
46/1998 and
47/1998.
5 4. Definitions
(1) In section 3(1) of the Principal Act insert--
"Director" means the Director of Public
Transport under the Transport Act 1983;
"former transferor instrument", in Division 3
10 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
15 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
20 (ii) other property is to be, or may
become liable to be, transferred to
or by the transferor;
"former relevant assets", in relation to a
transferor, means assets of the transferor
25 that, under Division 3 of Part 4, have vested
in the State, another operator or another
person;
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s. 4
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"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;
5 "metropolitan train operator" means a body
corporate specified in an Order under sub-
section (2) to be a train operator for the
purposes of Part 5 which operates mainly in
the metropolitan area;
10 "metropolitan tram operator" means a body
corporate specified in an Order under sub-
section (3) to be a tram operator for the
purposes of Part 5 which operates mainly in
the metropolitan area;
15 "operator", in Division 3 of Part 4, means a train
operator or a tram operator or other person to
which section 70 applies;
"passenger service" means a service for the
carrying of passengers by railway or
20 tramway;
"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
25 purposes of that Division;
"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 fixed by the
30 Minister under section 71(5) for the purposes
of that statement;
"train operator", in relation to Part 5 or another
provision of this Act, means a body
corporate specified in an Order under sub-
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s. 4
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section (2) to be a train operator for the
purposes of that Part or that provision;
"tram operator", in relation to Part 5 or another
provision of this Act, means a body
5 corporate specified in an Order under sub-
section (3) to be a tram operator for the
purposes of that Part or that provision;
"transferee", in Division 3 of Part 4, means a
person to whom relevant assets are allocated
10 under an allocation statement under section
71;
"transferor", in Division 3 of Part 4, means the
operator from which relevant assets are
transferred under an allocation statement
15 under section 71;
"Secretary" means the Secretary to the
Department of Infrastructure.
(2) In section 3(1) of the Principal Act, in the
definition of "rail transport service", for "or the
20 Secretary to the Department of Infrastructure"
substitute ", the Crown, a train operator or a tram
operator for the purpose of providing passenger
services or other transport services";
(3) In section 3 of the Principal Act, after sub-section
25 (1) insert--
"(2) The Governor in Council, by Order
published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that is a party to a
30 lease of rail infrastructure by the Director
acting on behalf of the Crown or the Public
Transport Corporation or Rail Track, is, on
and from a specified date, a train operator for
the purposes of a specified provision of this
35 Act.
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s. 5
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(3) The Governor in Council, by Order
published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that is a party to a
5 lease of tram infrastructure by the Director
acting on behalf of the Crown or the Public
Transport Corporation or Rail Track, is, on
and from a specified date, a tram operator for
the purposes of a specified provision of this
10 Act.".
5. New section 8A inserted
After section 8 of the Principal Act insert--
'8A. Rail Track may trade as VicTrack
Despite anything to the contrary in the
15 Business Names Act 1962 or any other Act
or law, Rail Track may carry on business
under the name "VicTrack".'.
6. Functions and powers of Rail Track
(1) In section 11(1) of the Principal Act, after
20 paragraph (ba) insert--
"(bb) subject to section 13F, to develop, and
promote the development of, land vested in
it; ".
(2) In section 11 of the Principal Act, after sub-
25 section (3) insert--
"(4) Rail Track may, with the approval or at the
direction of the Minister, cease to perform all
or any of its functions.".
7. Amendment of section 13F
30 In section 13F of the Principal Act--
(a) sub-section (1) is repealed;
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s. 8
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(b) in sub-section (2)(a), for "any surplus land"
substitute "or dispose of land or an interest
in land";
(c) In sub-section (2)(c), omit "surplus".
5 8. New section 18AA inserted
After section 18A of the Principal Act insert--
'18AA. Met Train 1 may trade as Bayside Trains
Despite anything to the contrary in the
Business Names Act 1962 or any other Act
10 or law, Met Train 1 may carry on business
under the name "Bayside Trains".'.
9. New section 18GA inserted
After section 18G of the Principal Act insert--
'18GA. Met Train 2 may trade as Hillside Trains
15 Despite anything to the contrary in the
Business Names Act 1962 or any other Act
or law, Met Train 2 may carry on business
under the name "Hillside Trains".'.
10. New section 18MA inserted
20 After section 18M of the Principal Act insert--
'18MA. Met Tram 1 may trade as Swanston Trams
Despite anything to the contrary in the
Business Names Act 1962 or any other Act
or law, Met Tram 1 may carry on business
25 under the name "Swanston Trams".'.
11. New section 18TA inserted
After section 18T of the Principal Act insert--
'18TA. Met Tram 2 may trade as Yarra Trams
Despite anything to the contrary in the
30 Business Names Act 1962 or any other Act
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Rail Corporations (Further Amendment) Act 1998
s. 12
Act No.
or law, Met Tram 2 may carry on business
under the name "Yarra Trams".'.
12. New section 18ZAA inserted
After section 18ZA of the Principal Act insert--
5 '18ZAA. Trading name
Despite anything to the contrary in the
Business Names Act 1962 or any other Act
or law, V/Line Passenger Corporation may
carry on business under the name "V/Line
10 Passenger".'.
13. Amendment of section 39
(1) In section 39(1) of the Principal Act--
(a) for the definition of "new employer"
substitute--
15 ' "new employer"--
(a) in relation to a transferred PTC
employee, means the rail
corporation by which, by virtue of
section 58, the transferred PTC
20 employee is regarded as being
employed with effect from the
relevant date;
(b) in relation to a transferred RC
employee, means the relevant
25 person by which, by virtue of
section 59B, the transferred RC
employee is regarded as being
employed with effect from the
relevant date;';
30 (b) in the definition of "relevant date", after
paragraph (b) insert--
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Rail Corporations (Further Amendment) Act 1998
s. 14
Act No.
"(c) in relation to a document referred to in
section 59A(1), means the date fixed by
the Minister under sub-section (2A) for
the purposes of that document;";
5 (c) insert--
' "RC" means a rail corporation which is
nominated by the Minister under
section 59A(1);
"relevant person" means a rail corporation,
10 the State, a statutory authority or a
body corporate all the shares in which
are held by, or on behalf of, the State or
a statutory authority;
"transferred RC employee" means a
15 person who, by virtue of section 59B, is
regarded as being employed by a new
employer with effect from the relevant
date;'.
(2) In section 39(2A) of the Principal Act, after
20 "57(1)" insert "or 59A(1)".
14. New sections 59A to 59C inserted
After section 59 of the Principal Act insert--
"59A. List of RC staff
(1) Before the relevant date, a rail corporation
25 nominated by the Minister for this purpose
must prepare and submit to the Minister a
document signed by the chief executive of
the RC listing officers and employees of the
RC and specifying, in respect of each such
30 officer or employee, the relevant person by
which he or she is to be regarded as having
been employed by virtue of section 59B with
effect from the relevant date.
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s. 14
Act No.
(2) The document may be amended by
instrument signed by the chief executive of
the RC and given to the Minister and the
amendment is to be regarded as having
5 effect, or having had effect, from the relevant
date.
(3) Nothing in this section prevents a person
listed in the document as an officer or
employee of the RC from resigning or being
10 dismissed at any time before the relevant
date in accordance with the terms and
conditions of his or her appointment or
employment.
59B. Transfer of RC staff
15 (1) A person listed as an officer or employee of
the RC in a document under section 59A
who was such an officer or employee
immediately before the relevant date is to be
regarded as--
20 (a) having been employed by the new
employer with effect from the relevant
date; and
(b) having been so employed on the same
terms and conditions as those that
25 applied to the person, immediately
before the relevant date, as an officer or
employee of the RC; and
(c) having accrued an entitlement to
benefits, in connection with that
30 employment by the new employer, that
is equivalent to the entitlement that the
person had accrued, as an officer or
employee of the RC, immediately
before the relevant date.
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Rail Corporations (Further Amendment) Act 1998
s. 14
Act No.
(2) The service of a transferred RC employee as
an employee of the new employer is to be
regarded for all purposes as having been
continuous with the service of the employee,
5 immediately before the relevant date, as an
officer or employee of the RC.
(3) A transferred RC employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an officer
10 or employee of the RC because of this Act.
(4) A certificate purporting to be signed by the
chief executive of the RC certifying that a
person named in the certificate was with
effect from the relevant date employed, by
15 virtue of this section, by the person named in
the certificate is admissible in evidence in
any proceedings and is conclusive proof of
the matters stated in it.
59C. Future terms and conditions of transferred
20 employees
(1) Nothing in section 59B prevents--
(a) any of the terms and conditions of
employment of a transferred RC
employee from being altered by or
25 under any law, award or agreement
with effect from any time after the
relevant date; or
(b) a transferred RC employee from
transferring to the employment of
30 another relevant person at any time
within 6 months after the relevant date
on terms and conditions agreed to by
the employee and that other relevant
person; or
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Rail Corporations (Further Amendment) Act 1998
s. 15
Act No.
(c) a transferred RC employee from
resigning or being dismissed at any
time after the relevant date in
accordance with the then existing terms
5 and conditions of his or her
employment by the new employer.
(2) The service of a transferred RC employee as
an employee of another relevant person to
which he or she transfers as mentioned in
10 sub-section (1)(b) is to be regarded for all
purposes as having been continuous with the
service of the employee, immediately before
the relevant date, as an officer or employee
of the RC and with his or her service on or
15 after that date as an employee of the other
relevant person mentioned in sub-section
(1)(b).
(3) A transferred RC employee is not entitled to
receive any payment or other benefit by
20 reason only of having ceased to be an
employee of a relevant person, being a
payment or benefit in respect of a period of
service as an officer or employee of the RC,
if he or she has received a payment or other
25 benefit in respect of that period by reason of
having ceased to be an employee of another
relevant person.".
15. New Parts 4 to 7 inserted
For Part 4 of the Principal Act substitute--
30 'PART 4--RAIL AND TRAM OPERATORS
Division 1--Certain powers
60. Clearance of trees etc.
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Rail Corporations (Further Amendment) Act 1998
s. 15
Act No.
(1) A person to which this section applies, by
written notice, may require the owner or
occupier of any land to fell and remove any
tree or wood on that land that is within
5 60 metres of a railway track operated or
maintained by that person and that could
obstruct or endanger the railway track or
obstruct a view of a signal box from any
portion of the railway track.
10 (2) Notice under sub-section (1) may be served
on an owner or occupier--
(a) personally; or
(b) by sending it by post to the owner or
occupier at that person's usual or last
15 known residential or business address;
or
(c) by leaving it at the usual or last known
residential or business address of the
owner or occupier with a person on the
20 premises who is apparently at least
16 years old and apparently residing or
employed there; or
(d) in a manner prescribed by any other
Act or law for service on a person or
25 class of person of the same type as the
owner or occupier; or
(e) if the identity or address of the owner
or occupier is not known--
(i) by displaying it on the land; and
30 (ii) by publishing a copy of it and a
description of the land in a
newspaper circulating generally in
Victoria.
(3) In exercising a power under sub-section (1),
35 a person to which this section applies--
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s. 15
Act No.
(a) must act reasonably; and
(b) must comply with any directions given
by the Director in relation to the
exercise of that power.
5 (4) If the owner or occupier of the land does not
comply with the notice within the time
specified in the notice, the person which
caused the notice to be served may--
(a) enter the land at any reasonable time
10 and carry out the work specified in the
notice; and
(b) recover the cost of carrying out the
work from the owner or occupier as a
debt.
15 (5) A person to which this section applies may
exercise its powers under this section by its
officers or employees or by any other person
authorised in writing by it or by the officers
or employees of any such person.
20 (6) This section applies to--
(a) V/Line Freight;
(b) Rail Track;
(c) Met Train 1 and Met Train 2;
(d) train operators;
25 (e) a person specified in an Order under
sub-section (7), subject to any terms
and conditions specified in that Order.
(7) The Governor in Council, by Order
published in the Government Gazette, may
30 declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order that
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Rail Corporations (Further Amendment) Act 1998
s. 15
Act No.
is a party to a lease with Rail Track, the
Public Transport Corporation or the
Secretary or the Director acting on behalf of
the Crown in relation to any rail
5 infrastructure owned by Rail Track, the
Public Transport Corporation or the Crown.
61. No obligation to fence
(1) Despite any Act or rule of law to the
contrary, a person to which this section
10 applies--
(a) is not required to fence or contribute to
the fencing of any portion of a railway
or tramway; and
(b) is not liable for any damage that may be
15 caused by reason of any railway or
tramway not being fenced in or fenced
off.
(2) A person to which this section applies may,
but is not obliged to, erect and maintain such
20 fences in connection with a railway or
tramway as it thinks proper.
(3) This section applies to--
(a) V/Line Freight;
(b) V/Line Passenger Corporation;
25 (c) Rail Track;
(d) Met Train 1 and Met Train 2;
(e) Met Tram 1 and Met Tram 2;
(f) train operators;
(g) tram operators;
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Rail Corporations (Further Amendment) Act 1998
s. 15
Act No.
(h) a person specified in an Order under
sub-section (4), subject to any terms
and conditions specified in that Order.
(4) The Governor in Council, by Order
5 published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order
10 that--
(a) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
by that person of a passenger service;
15 or
(b) is a party to a lease with Rail Track, the
Public Transport Corporation, the
Secretary or the Director acting on
behalf of the Crown in relation to any
20 rail infrastructure or tram infrastructure
owned by Rail Track, the Public
Transport Corporation or the Crown.
62. Power to break up roads, etc.
(1) After consultation with the Roads
25 Corporation and any relevant municipal
council, a person to which this section
applies--
(a) may open and break up, and divert
traffic from, any road on or adjacent to
30 which there is rail infrastructure or tram
infrastructure that is operated or
maintained by that person; and
(b) may take possession of, and use, the
whole or any portion of such a road.
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Rail Corporations (Further Amendment) Act 1998
Act No.
(2) In exercising a power under sub-section (1),
a person to which this section applies--
(a) must act reasonably; and
(b) must comply with any directions given
5 by the Director in relation to the
exercise of that power.
(3) A person to which this section applies may
exercise its powers under this section by its
officers or employees or by any other person
10 authorised in writing by it or by the officers
or employees of any such person.
(4) This section applies to--
(a) V/Line Freight;
(b) V/Line Passenger Corporation;
15 (c) Rail Track;
(d) Met Train 1 and Met Train 2;
(e) Met Tram 1 and Met Tram 2;
(f) train operators;
(g) tram operators;
20 (h) a person specified in an Order under
sub-section (5), subject to any terms
and conditions specified in that Order.
(5) The Governor in Council, by Order
published in the Government Gazette, may
25 declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order
that--
30 (a) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
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s. 15
Act No.
by that person of a passenger service;
or
(b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
5 Secretary or the Director acting on
behalf of the Crown in relation to any
rail infrastructure or tram infrastructure
owned by Rail Track, the Public
Transport Corporation or the Crown.
10 63. Power to install stopping places, etc.
(1) After consultation with the Roads
Corporation and any relevant municipal
council, a person to which this section
applies may install, remove or re-locate
15 stopping places and associated facilities for
passenger services on any road on or
adjacent to which there is tram infrastructure
that is operated or maintained by that person.
(2) In exercising a power under sub-section (1),
20 a person to which this section applies--
(a) must act reasonably; and
(b) must comply with any directions given
by the Director in relation to the
exercise of that power.
25 (3) A person to which this section applies may
exercise its powers under this section by its
officers or employees or by any other person
authorised in writing by it or by the officers
or employees of any such person.
30 (4) This section applies to--
(a) Rail Track;
(b) Met Tram 1 and Met Tram 2;
(c) tram operators;
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(d) a person specified in an Order under
sub-section (5), subject to any terms
and conditions specified in that Order.
(5) The Governor in Council, by Order
5 published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order
10 that--
(a) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
by that person of a passenger service;
15 or
(b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
Secretary or the Director acting on
behalf of the Crown in relation to any
20 tram infrastructure owned by Rail
Track, the Public Transport
Corporation or the Crown.
64. Level crossings
(1) Despite anything to the contrary in any other
25 Act or law, a person to which this section
applies--
(a) may use level crossings connecting
parts of the rail infrastructure or tram
infrastructure to which an agreement,
30 lease or licence relating to, or
connected with, a service provided by
that person applies (being an
agreement, lease or licence entered into
by Rail Track, the Public Transport
35 Corporation or the Secretary or the
Director acting on behalf of the Crown)
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subject to and in accordance with that
agreement, lease or licence; and
(b) may close the level crossing to road
traffic while the railway track or
5 tramway track is in use, subject to and
in accordance with that agreement,
lease or licence.
(2) This section applies to--
(a) V/Line Freight;
10 (b) V/Line Passenger Corporation;
(c) Rail Track;
(d) Met Train 1 and Met Train 2;
(e) Met Tram 1 and Met Tram 2;
(f) train operators;
15 (g) tram operators;
(h) a person specified in an Order under
sub-section (3), subject to any terms
and conditions specified in that Order;
(i) a person authorised, in accordance with
20 the agreement, lease or licence referred
to in sub-section (1), by a person
referred to in paragraph (a), (b), (c), (d),
(e), (f), (g) or (h) to exercise a power
conferred on the authorising person by
25 this section, subject to any terms and
conditions specified in the
authorisation.
(3) The Governor in Council, by Order
published in the Government Gazette, may
30 declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
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Order, to a person specified in the Order
that--
(a) is a party to a contract with the
Secretary or the Director acting on
5 behalf of the Crown for the provision
by that person of a passenger service;
or
(b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
10 Secretary or the Director acting on
behalf of the Crown in relation to any
rail infrastructure or tram infrastructure
owned by Rail Track, the Public
Transport Corporation or the Crown.
15 65. Tram infrastructure
(1) Despite anything to the contrary in any other
Act or law, a person to which this section
applies may use tram infrastructure to which
an agreement, lease or licence relating to, or
20 connected with, a passenger service provided
by that person applies (being an agreement,
lease or licence entered into by Rail Track,
the Public Transport Corporation or the
Secretary or the Director acting on behalf of
25 the Crown) subject to and in accordance with
that agreement, lease or licence.
(2) This section applies to--
(a) Met Tram 1 and Met Tram 2;
(b) tram operators;
30 (c) a person specified in an Order under
sub-section (3), subject to any terms
and conditions specified in that Order;
(d) a person authorised, in accordance with
the agreement, lease or licence referred
35 to in sub-section (1), by a person
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referred to in paragraph (a), (b) or (c) to
exercise a power conferred on the
authorising person by this section,
subject to any terms and conditions
5 specified in the authorisation.
(3) The Governor in Council, by Order
published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
10 any terms and conditions specified in the
Order, to a person specified in the Order
that--
(a) is a party to a contract with the
Secretary or the Director acting on
15 behalf of the Crown for the provision
by that person of a passenger service;
or
(b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
20 Secretary or the Director acting on
behalf of the Crown in relation to any
tram infrastructure owned by Rail
Track, the Public Transport
Corporation or the Crown.
25 66. Overhead power supply
(1) A person to which this section applies, after
consultation with the Roads Corporation or
any relevant municipal council, may install,
remove or relocate rail infrastructure or tram
30 infrastructure consisting of structures
comprising or supporting overhead electrical
power supply systems situated on or over, or
partly on or over, property of the Roads
Corporation or the municipal council.
35 (2) In exercising a power under sub-section (1),
a person to which this section applies--
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(a) must act reasonably; and
(b) must comply with any directions given
by the Director in relation to the
exercise of that power.
5 (3) A person to which this section applies may
exercise its powers under this section by its
officers or employees or by any other person
authorised in writing by it or by the officers
or employees of any such person.
10 (4) This section applies to--
(a) Met Train 1 and Met Train 2;
(b) Met Tram 1 and Met Tram 2;
(c) train operators;
(d) tram operators;
15 (e) a person specified in an Order under
sub-section (5), subject to any terms
and conditions specified in that Order.
(5) The Governor in Council, by Order
published in the Government Gazette, may
20 declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order
that--
25 (a) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
by that person of a passenger service;
or
30 (b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
Secretary or the Director acting on
behalf of the Crown in relation to any
rail infrastructure or tram infrastructure
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owned by Rail Track, the Public
Transport Corporation or the Crown.
67. Power to stop traffic
(1) A person to which this section applies,
5 subject to the agreement, lease or licence
relating to, or connected with, its provision
of a service or to a lease of rail infrastructure
or tram infrastructure (being an agreement,
lease or licence entered into by Rail Track,
10 the Public Transport Corporation or the
Secretary or the Director acting on behalf of
the Crown)--
(a) after consultation with the Roads
Corporation and any relevant municipal
15 council, may stop traffic in
circumstances where it is reasonably
necessary to do so;
(b) in an emergency, may stop traffic.
(2) In exercising a power under sub-section (1),
20 a person to which this section applies--
(a) must act reasonably; and
(b) must comply with any directions given
by the Director in relation to the
exercise of that power.
25 (3) This section applies to--
(a) V/Line Freight;
(b) V/Line Passenger Corporation;
(c) Rail Track;
(d) Met Train 1 and Met Train 2;
30 (e) Met Tram 1 and Met Tram 2;
(f) train operators;
(g) tram operators;
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(h) a person specified in an Order under
sub-section (4), subject to any terms
and conditions specified in that Order;
(i) a person authorised, in accordance with
5 the agreement, lease or licence referred
to in sub-section (1), by a person
referred to in paragraph (a), (b), (c), (d),
(e), (f), (g) or (h) to exercise a power
conferred on the authorising person by
10 this section, subject to any terms and
conditions specified in the
authorisation.
(4) The Governor in Council, by Order
published in the Government Gazette, may
15 declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order
that--
20 (a) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
by that person of a passenger service;
or
25 (b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
Secretary or the Director acting on
behalf of the Crown in relation to any
rail infrastructure or tram infrastructure
30 owned by Rail Track, the Public
Transport Corporation or the Crown.
Division 2--Provisions applying to certain
agreements
68. Civil penalty provisions
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(1) In this section, "civil penalty provision"
means a provision of an agreement, lease or
licence relating to, or connected with, a
passenger service entered into by the
5 Secretary or the Director acting on behalf of
the Crown and a person to which this section
applies, being a provision that, under the
agreement, lease or licence, is expressed to
be a civil penalty provision for the purposes
10 of this Act.
(2) Despite anything to the contrary in any Act
or law, a person who breaches a civil penalty
provision is liable to pay, as a debt due to the
State, an amount determined in accordance
15 with the agreement, lease or licence as the
penalty for breach of that provision.
(3) This section applies to--
(a) a train operator;
(b) a tram operator;
20 (c) a person specified in an Order under
sub-section (4), subject to any terms
and conditions specified in that Order.
(4) The Governor in Council, by Order
published in the Government Gazette, may
25 declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order
that--
30 (a) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
by that person of a passenger service;
or
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(b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
Secretary or the Director acting on
behalf of the Crown in relation to any
5 rail infrastructure or tram infrastructure
owned by Rail Track, the Public
Transport Corporation or the Crown.
69. Validity of certain provisions
(1) A provision in an agreement between the
10 Director acting on behalf of the Crown and a
person to which this section applies relating
to, or connected with, a passenger service
under which the Director may require the
sale, transfer or assignment to the State or
15 another person (including a provision
relating to the exercise of the Director's
powers under Division 3) of property in
which the person to which this section
applies has an interest is not invalid by
20 reason only of any mortgage, charge or other
interest by way of security held by the State
in respect of the property or any part of the
property.
(2) A provision in a mortgage, charge or other
25 interest by way of security over property
given by a person to which this section
applies securing, or purporting to secure,
payment to the State of an amount that is, or
may become, due or payable by the person to
30 the State is not invalid by reason only that
the property includes an amount that is, or
may become, due and payable by the State.
(3) This section applies to--
(a) train operators;
35 (b) tram operators;
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(c) a person specified in an Order under
sub-section (4), subject to any terms
and conditions specified in that Order.
(4) The Governor in Council, by Order
5 published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order
10 that--
(a) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
by that person of a passenger service;
15 or
(b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
Secretary or the Director acting on
behalf of the Crown in relation to any
20 rail infrastructure or tram infrastructure
owned by Rail Track, the Public
Transport Corporation or the Crown.
Division 3--Certain operating assets
70. Assets of certain operators
25 (1) If a provision of an agreement between the
Director acting on behalf of the Crown and a
person to which this section applies ("the
operator") provides for the transfer of
relevant assets of the operator to the State or
30 any other person at the end of the term of the
agreement or in specified circumstances,
being a provision that, under the agreement,
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is expressed to be a transfer provision for the
purposes of this Division, the Director may
give to the Minister, at a time, or within a
period, determined under the agreement, a
5 statement or statements approved by the
Minister relating to the relevant assets.
(2) This section applies to--
(a) train operators;
(b) tram operators;
10 (c) a person specified in an Order under
sub-section (3), subject to any terms
and conditions specified in that Order.
(3) The Governor in Council, by Order
published in the Government Gazette, may
15 declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person specified in the Order
that--
20 (a) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
by that person of a passenger service;
or
25 (b) is a party to a lease with Rail Track, the
Public Transport Corporation or the
Secretary or the Director acting on
behalf of the Crown in relation to any
rail infrastructure or tram infrastructure
30 owned by Rail Track, the Public
Transport Corporation or the Crown.
71. Allocation statement
(1) A statement under section 70--
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(a) must allocate the relevant assets to or
between the State and such persons as
the Minister nominates in writing; and
(b) must be signed by the Director.
5 (2) If a statement under this section is approved
by the Minister--
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
10 for the purposes of this Division.
(3) The Minister may at any time direct the
Director to amend a statement given under
this section as specified in the direction.
(4) An allocation statement under this section
15 may be amended in writing signed by the
Minister.
(5) The Minister, by notice published in the
Government Gazette, may fix the relevant
date for the purposes of an allocation
20 statement under this section.
(6) In this section, "statement" and "allocation
statement" include a statement or allocation
statement amended in accordance with this
section.
25 72. Assets transferred in accordance with
statement
On the relevant date, the relevant assets that
are allocated under an allocation statement
under section 71 vest in the State or another
30 person in accordance with the statement.
73. Allocation of assets subject to
encumbrances
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Unless an allocation statement under section
71 otherwise provides, where, under this
Division relevant assets vest in a transferee
under section 72, the relevant assets so
5 vested are subject to the encumbrances (if
any) to which they were subject immediately
before so vesting.
74. Certificate of Director
(1) A certificate signed by the Director
10 certifying that assets of the transferor
specified in the certificate have been
allocated under an allocation statement in
accordance with section 71 is, unless
revoked under sub-section (2), conclusive
15 evidence that the assets--
(a) have been so allocated; and
(b) vested in the transferee on the relevant
date.
(2) If the Minister so directs the Director in
20 writing, the Director must revoke a
certificate given under sub-section (1) by
issuing another certificate in place of the first
certificate.
(3) The Director--
25 (a) must keep a register of certificates
issued under this section; and
(b) must make the register reasonably
available for inspection by a transferee
or other interested person.
30 75. Consideration for transferred property
The consideration payable to the transferor
by the State or a transferee on behalf of the
State in respect of relevant assets that are
allocated under an allocation statement is the
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amount determined in accordance with the
agreement referred to in section 70.
76. Former transferor instruments and
agreements
5 (1) Each former transferor instrument relating to
former relevant assets continues to have
effect according to its tenor on and after the
relevant date in relation to those assets as if a
reference in the instrument to the transferor
10 were a reference to the transferee.
(2) Where, under an allocation statement, a
transferor's interest in an agreement vests in
a transferee under section 72--
(a) the transferee becomes, on the relevant
15 date, a party to the agreement in place
of the transferor; and
(b) on and after the relevant date, the
agreement has effect as if the transferee
had always been a party to the
20 agreement.
77. Proceedings
Unless an allocation statement otherwise
provides, if, immediately before the relevant
date, proceedings relating to former relevant
25 assets (including arbitration proceedings) to
which a transferor was a party were pending
or existing in any court or tribunal, then, on
and after that date, the transferee is
substituted for the transferor as a party to the
30 proceedings and has the same rights in the
proceedings as the transferor had.
78. Taxes
Stamp duty and any other tax chargeable
under an Act is payable in respect of the
35 vesting of relevant assets under this Division
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as if the vesting were effected by an
instrument.
79. Evidence
Documentary or other evidence that would
5 have been admissible for or against the
interests of a transferor in relation to former
relevant assets if this Division had not been
enacted is admissible for or against the
interests of the transferee.
10 80. Validity of things done under this Division
Nothing effected or to be effected by this
Division or done or suffered under this
Division--
(a) is to be regarded as placing any person
15 in breach of contract or confidence or
as otherwise making any person guilty
of a civil wrong; or
(b) is to be regarded as placing any person
in breach of, or as constituting a default
20 under, any Act or other law or
obligation or any provision in any
agreement, arrangement or
understanding including, but not
limited to, any provision or obligation
25 prohibiting, restricting or regulating the
assignment, transfer, sale or disposal of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
30 condition that allows a person to
exercise a power, right or remedy in
respect of or to terminate any
agreement or obligation; or
(d) is to be regarded as giving rise to any
35 remedy for a party to a contract or an
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instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
5 relevant asset; or
(e) is to be regarded as causing any
contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
10 contract; or
(g) releases any surety or other obligee
wholly or in part from any obligation.
PART 5--PROHIBITED INTERESTS
Division 1--Preliminary
15 81. Definitions
In this Part--
"associate" has the meaning, in relation to a
person, it would have under Division 2
of Part 1.2 of the Corporations Law as
20 if--
(a) for paragraphs (b) and (c) of
section 12(1) of that Law, there
were substituted--
"or
25 (b) whether the primary person
is entitled to shares in or is in
a position to exercise certain
powers in relation to a body
corporate;"; and
30 (b) sections 13, 14, 16(2) of that Law
were repealed;
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"officer", in relation to a corporation, has
the same meaning as in section 9 of the
Corporations Law;
"ORG" means the Office of the Regulator-
5 General;
"related body corporate" has the same
meaning as in section 9 of the
Corporations Law;
"relevant agreement" means an agreement,
10 arrangement or understanding--
(a) whether formal or informal or
partly formal and partly informal;
and
(b) whether written or oral or partly
15 written and partly oral; and
(c) whether or not having legal or
equitable force and whether or not
based on legal or equitable rights;
"relevant corporation" means a
20 metropolitan train operator or a
metropolitan tram operator;
"voting share", in relation to a corporation,
has the same meaning as in section 9 of
the Corporations Law.
25 82. Relevant interest in, and entitlement to,
shares
(1) For the purposes of this Part, a person has a
relevant interest in a share if, and only if, the
person would be taken to have a relevant
30 interest in the share because of Division 5 of
Part 1.2 of the Corporations Law but a
person does not have a relevant interest in a
share in a corporation only because the
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person has a right of pre-emption in relation
to that share if the corporation--
(a) was formed by two or more persons for
the purpose of enabling those persons
5 to carry on an activity jointly by means
of their joint control of, or by means of
their ownership of shares in, that
corporation; and
(b) those persons, or persons who have
10 acquired some or all of the shares in
that corporation, continue to carry on
that activity jointly by either of those
means.
(2) For the purposes of this Part, the shares in a
15 corporation to which a person (being the
corporation or any other person) is entitled to
include shares in the corporation to which
the person is entitled in accordance with
section 609 of the Corporations Law as if a
20 reference in that section of that Law to a
relevant interest were a reference to a
relevant interest to which sub-section (1)
applies.
(3) Without derogating from section 88 or 89,
25 the regulations may provide that relevant
interests, or particular classes of relevant
interests, in shares, or in particular classes of
shares, are, in such circumstances and
subject to such conditions (if any) as are
30 specified in the regulations, to be
disregarded for such purposes as are
specified in the regulations.
83. Corporations Law
A reference in this Part to the Corporations
35 Law is a reference to that Law as it would
apply if references in that Law to a body
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corporate, corporation or company included
references to--
(a) a body corporate of any kind wherever
formed or incorporated and whether
5 formed or incorporated under that Law
or any other law; and
(b) any unincorporated body, being a
society, association, company of
proprietors or other body, wherever
10 formed, that, under the law of its place
of formation, may sue or be sued, or
may hold property in the name of the
secretary or some other officer of the
society, association or body, or in the
15 name of any trustee or trustees; and
(c) any unincorporated body, being a
society, association, company of
proprietors or other body or
undertaking to which is applied, under
20 the laws of the place of its formation
with or without exceptions, a law in
force in that place relating to a
company or corporation within the
meaning of that law.
25 84. Unit trusts
If assets used in, or liabilities of, the business
carried on by a relevant corporation form
part of the trust estate of a unit trust, then, for
the purposes of this Part, units in the unit
30 trust are deemed to be shares in a relevant
corporation the business of which is the
business of the trust estate of the unit trust.
85. Stock
If the whole or a portion of the share capital
35 of a corporation consists of stock, a reference
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in this Part to a number of shares in the
corporation as a percentage is, in relation to
an amount of stock, a reference to the
amount of stock that represents that number
5 of shares.
86. Controlling interest
For the purposes of this Part but subject to
sections 88 and 89, a person has a
controlling interest in a corporation if the
10 person--
(a) is entitled to more than 20% of the
voting shares in the corporation; or
(b) is entitled to shares in the corporation
that confer or, if a dividend were
15 declared or a distribution of profits
were made by the corporation, would
confer a right to receive the benefit of
more than 20% of the dividend or
distribution; or
20 (c) is entitled to shares in the corporation
that confer or, in the event of any other
distribution of property or rights by the
corporation, whether on dissolution or
otherwise, would confer an entitlement
25 to receive the benefit of more than 20%
of the property and rights; or
(d) is able, whether alone or in concert
with another, and whether by any act or
omission or otherwise, to dominate or
30 control--
(i) the corporation; or
(ii) the financial and operating
policies or management of the
corporation; or
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(iii) the activities of the corporation as
a metropolitan train operator or
metropolitan tram operator.
87. Application of Part to partnerships
5 (1) In this section--
"partner" includes member of an
unincorporated joint venture;
"partnership" includes unincorporated joint
venture.
10 (2) This Part applies to partnerships, and
partners, as if a partnership were a
corporation and a partner were a member of
a corporation.
(3) For the purposes of this Part--
15 (a) a partnership is deemed to be a
corporation and a person;
(b) a partner is deemed--
(i) to be a member of the corporation;
and
20 (ii) to hold shares bearing the same
proportion to all the shares in the
corporation as the partner's right
to receive a distribution of profits
of the partnership bears to the sum
25 of the rights of partners to receive
such distributions;
(c) rights and powers of a partner in
respect of the partnership, including
voting rights and rights to dispose of
30 interests in the partnership or the
partnership property are deemed to be
rights and powers of a member of a
corporation attached to and conferred
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by that member's shares in the
corporation;
(d) the committee of management (by
whatever named called) of a
5 partnership is deemed to be the board
of directors of the partnership;
(e) a meeting of the partners of a
partnership is deemed to be a general
meeting of a corporation.
10 (4) For the purposes of this Part and its
application to a partnership, "relevant
corporation" includes a partnership the
members of which are persons who are
relevant corporations.
15 88. Certain shareholders agreements to be
disregarded
For the purposes of determining under this
Part whether a person has a controlling
interest or an entitlement to shares in a
20 relevant corporation, a relevant interest of an
associate of the person must be disregarded
if the Treasurer certifies in writing that the
Treasurer is satisfied--
(a) that the association arises solely under
25 section 12(1)(e) or section 15(1) of the
Corporations Law by virtue of
provisions of the articles of association
or other constituent documents of a
corporation or other entity, a
30 shareholders' agreement or other
consortium arrangements and that the
provisions are not unusual having
regard to conventional or usual
investment considerations; and
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(b) that the person or any related body
corporate does not have the power--
(i) to control or influence the
composition of the board of
5 directors of the relevant
corporation otherwise than by
control of the exercise at a general
meeting of the relevant
corporation of voting rights in
10 respect of particular shares or a
particular proportion of shares in
the relevant corporation or the
exercise of powers of appointment
of a specified number of directors
15 of the relevant corporation; or
(ii) to control or influence the conduct
of affairs of the relevant
corporation otherwise than by
control of the exercise at a general
20 meeting of the relevant
corporation of voting rights in
respect of particular shares or a
particular proportion of shares in
the relevant corporation or by the
25 actions of directors appointed by
the person.
89. Certain "see-through" interests to be
disregarded
For the purpose of determining under this
30 Part whether a person has a controlling
interest or an entitlement to shares in a
relevant corporation, a relevant interest that
the person has solely by virtue of section
32(c) or 33 of the Corporations Law must be
35 disregarded if the Treasurer certifies in
writing--
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(a) that the Treasurer is satisfied that the
person or any related body corporate of
the person does not have the power--
(i) to control or influence the
5 composition of the board of
directors of the relevant
corporation otherwise than by
controlling the exercise at a
general meeting of the relevant
10 corporation of not more than 20%
of the votes that may be cast at
general meetings or exercising
powers of appointment of not
more than one-fifth of the
15 directors of the relevant
corporation; or
(ii) to control or influence the conduct
of affairs of the relevant
corporation otherwise than by
20 controlling the exercise at a
general meeting of the relevant
corporation of voting rights in
respect of not more than 20% of
the voting shares or by the actions
25 of directors appointed by it being
not more than one-fifth of the
directors of the relevant
corporation; and
(b) that the Treasurer is satisfied that--
30 (i) in the case of determining whether
the person has a controlling
interest, the person does not
have--
(A) the power to exercise the
35 votes in respect of, or to
control the disposal of, more
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than 20% of the voting
shares in the relevant
corporation, not including a
right of pre-emption whether
5 direct or indirect in relation
to those shares; or
(B) the right to receive directly
or indirectly the benefit of
more than 20% of the
10 dividends declared or
distribution of profits made
by the relevant corporation
in respect of a financial year
of the relevant corporation;
15 or
(C) the right to receive directly
or indirectly the benefit of
more than 20% of the
property and rights of the
20 relevant corporation on a
dissolution or otherwise; or
(ii) in the case of determining whether
the person has an entitlement to
shares, the person does not have--
25 (A) the power to exercise the
votes in respect of, or to
control the disposal of any
voting shares in the relevant
corporation, other than a
30 right of pre-emption whether
direct or indirect in relation
to those shares; or
(B) the right to receive directly
or indirectly the benefit of
35 any dividends declared or
distribution of profits made
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by the relevant corporation
in respect of a financial year
of the relevant corporation;
or
5 (C) the right to receive directly
or indirectly the benefit of
any property and rights of
the relevant corporation on a
dissolution or otherwise.
10 90. Effect of certificate under section 88 or 89
A certificate of the Treasurer under section
88 or 89 continues to have effect unless
ORG determines that--
(a) a change has occurred in respect of the
15 matters to which the certificate relates;
and
(b) the certificate ceases to have effect.
91. Application and construction of Part
(1) This Part (including any provision of the
20 Corporations Law referred to or applied for
the purposes of this Part) applies in relation
to any transaction, agreement, arrangement,
understanding or undertaking--
(a) whether the transaction, agreement,
25 arrangement, understanding or
undertaking is entered into, or made, in
this State or elsewhere; and
(b) whether the shares (if any) to which the
transaction, agreement, arrangement,
30 understanding or undertaking relates
are registered in this State or elsewhere;
and
(c) whether the proper law of the
transaction, agreement, arrangement,
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understanding or undertaking is the law
of this State or not.
(2) This Part is relevant legislation for the
purposes of the Office of the Regulator-
5 General Act 1994.
Division 2--Prohibited interests
92. Prohibited interests
(1) It is unlawful for a person to hold a
prohibited interest.
10 (2) A metropolitan train operator holds a
prohibited interest if it is entitled to shares in
or, because of section 86(d) otherwise has a
controlling interest in, the other metropolitan
train operator.
15 (3) A metropolitan tram operator holds a
prohibited interest if it is entitled to shares in
or, because of section 86(d) otherwise has a
controlling interest in, the other metropolitan
tram operator.
20 (4) A person who has a controlling interest in a
metropolitan train operator or a metropolitan
tram operator holds a prohibited interest if
the person is entitled to shares in or, because
of section 86(d) otherwise has a controlling
25 interest in, the other metropolitan train
operator or metropolitan tram operator, as
the case requires.
93. Other provisions relating to prohibited
interests
30 (1) A person, not being a relevant corporation,
does not hold a prohibited interest within the
meaning of section 92 because the person is
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entitled to shares in or, because of section
86(d) otherwise has a controlling interest in,
a relevant corporation if--
(a) ORG is satisfied that each such interest
5 is held only as a passive institutional
investment; and
(b) ORG determines in writing that the
person does not hold a prohibited
interest.
10 (2) At any time after a determination is made
under sub-section (1) in relation to a person,
ORG may, by notice in writing served on
that person, determine that circumstances
have changed so that it is no longer satisfied
15 as to the matters set out in sub-section (1)(a)
in relation to the person and that the person
has a prohibited interest within the meaning
of section 92.
(3) For the purposes of this Part a relevant
20 corporation is not capable of having a
prohibited interest in itself.
94. Temporary exemption from prohibition
(1) The Treasurer may, in writing given to ORG,
declare that a specified person does not, by
25 reason only of having a specified controlling
interest or specified entitlement to shares,
have a prohibited interest during a specified
period ending not more than 6 months after
the day on which the declaration is made.
30 (2) A declaration under sub-section (1) may be
made subject to such conditions as are
specified in it.
(3) A declaration under this section has effect
according to its terms and ceases to have
35 effect--
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(a) at the end of the specified period; or
(b) upon a breach of a condition to which it
is expressed to be subject.
95. Power to require information relating to
5 interests
(1) ORG may, by notice in writing served on a
person who is, or is suspected by ORG of
being--
(a) entitled to shares in a relevant
10 corporation; or
(b) the holder of a controlling interest in a
relevant corporation--
require the person to furnish information
specified in the notice for the purpose of
15 determining whether that person or any other
person has, or is taking action to acquire, a
prohibited interest.
(2) A notice under sub-section (1) may require
the person on whom the notice is served or,
20 if that person is a corporation, 2 directors of
the corporation, to verify by statutory
declaration any information furnished in
compliance with the notice.
(3) If--
25 (a) a person on whom a notice under sub-
section (1) has been served fails to
furnish, within the time allowed in the
notice, the information required by the
notice, verified as required by the
30 notice; or
(b) information furnished by the person in
response to the notice is, in the opinion
of ORG, by reason of anything
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included in it or omitted from it, false
or misleading in a material particular--
ORG may, by reason only of that fact, by
notice in writing served on a person, do one
5 or more of the following--
(c) determine that the person is an
associate of another, or that another is
an associate of that person;
(d) determine that the person, or another to
10 whom a determination under paragraph
(c) relates, is entitled to specified shares
in a relevant corporation;
(e) determine that the voting rights
attaching to all or any of the shares to
15 which a determination under paragraph
(d) relates are suspended;
(f) determine that the person, or another
person to whom a determination under
paragraph (c) relates, has a prohibited
20 interest.
96. Disposal of interest
(1) If ORG--
(a) makes a determination under section
95(3); or
25 (b) forms the opinion--
that a person (in this section referred to as
"the offender") has a prohibited interest,
ORG may, by notice in writing served--
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(c) if the offender holds shares to which
the offender is entitled, on the offender;
or
(d) on any other person who holds shares
5 to which the offender is entitled--
determine that the offender or that other
person must dispose of the relevant shares
otherwise than to an associate of the
offender, within a period specified in the
10 notice, being not less than 3 months after
service of the notice, and that, until those
shares are disposed of, the voting rights
attaching to all or to specified shares in a
relevant corporation to which the offender is
15 entitled are suspended.
(2) For the purposes of sub-section (1), the
relevant shares that a person may be required
by a notice under that sub-section to dispose
of otherwise than to an associate of the
20 offender are--
(a) subject to paragraph (b), any shares
held by the person that would need to
be disposed of in order to cause the
offender to cease to have a prohibited
25 interest; or
(b) if, after all the shares held by the person
to which the offender is entitled were
so disposed of, the offender would
continue to have a prohibited interest,
30 the total number of those shares.
(3) For the purposes of this section a person is
not to be taken to have disposed of shares to
which an offender is entitled unless and until
the person ceases to hold the shares and the
35 offender ceases to be entitled to the shares.
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(4) If a person served with a notice of
determination under sub-section (1)
requiring the person to dispose of shares fails
to comply with the notice within the period
5 specified in the notice, the shares last
registered in the name of that person that
caused the person to have a prohibited
interest and specified by ORG by notice in
writing served on the person are, by force of
10 this sub-section, forfeited to the State.
(5) If--
(a) a person served with a notice of a
determination under sub-section (1)
requiring the person to dispose of
15 shares fails to comply with the notice
within the period specified in the
notice; and
(b) the person is a member of a partnership
and the shares are an interest in the
20 partnership; and
(c) the person is one of 2 or more persons
constituting a relevant corporation--
ORG--
(d) may, by notice in writing given to the
25 person, declare that, as from a date
specified in the notice, any agreement,
lease or licence to which the person and
the Secretary or the Director acting on
behalf of the Crown are parties and
30 relating to the provision of a passenger
service is terminated; or
(e) may make a determination under
section 97.
(6) ORG must cause written notice of--
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(a) a determination under sub-section (1)
requiring a person to dispose of shares
in a relevant corporation; or
(b) a determination under section 95(3)(e)
5 that a person's voting rights are
suspended--
to be served on the relevant person.
(7) If ORG--
(a) makes a determination under section
10 95(3); or
(b) forms the opinion--
that a person (in this section referred to as
"the offender") has a prohibited interest
because of the circumstances referred to in
15 section 86(d), ORG may, by notice in
writing served on the offender, determine
that the offender--
(c) must desist from dominating or
controlling the relevant corporation, the
20 financial and operating policies or
management of the corporation or the
activities of the corporation as a
metropolitan train operator or
metropolitan tram operator; and
25 (d) must terminate a relevant agreement--
to the extent necessary to prevent it having a
prohibited interest, within a period specified
in the notice, not being less than 3 months
after service of the notice.
30 (8) If ORG makes a declaration under sub-
section (5)(d), the agreement, lease or
licence to which the declaration relates is
terminated as from the date specified in the
relevant notice.
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97. Voting rights in respect of certain shares
If written notice is served on a relevant
corporation of a determination of ORG under
this Part--
5 (a) that a person is an associate of another;
or
(b) that a person has a prohibited interest in
a relevant corporation; or
(c) that voting rights are suspended--
10 the determination is binding and has effect
for the purposes of the application of this
Part in relation to any general meeting of the
relevant corporation held after receipt by the
relevant corporation of the notice.
15 98. Annulment of certain resolutions
(1) If ORG is of the opinion that a resolution of
a general meeting of the relevant corporation
has been passed as a result of the admission
of votes that should not, by virtue of a
20 determination of ORG under section 95(3) or
96(1) have been admitted, ORG may, by
notice in writing served on the relevant
corporation, declare the resolution to have
been (at all times) null and void.
25 (2) If notice of a declaration under sub-section
(1) is served on a relevant corporation, ORG
must, at the same time or as soon as
practicable thereafter, cause written notice of
the declaration to be served on each person
30 whose votes should not, in the opinion of
ORG, have been admitted.
(3) A notice under sub-section (1) does not have
any effect unless it is served on the relevant
corporation within one month after the date
35 of the resolution to which it relates.
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99. Making, review and revocation of
determination by ORG
(1) A determination may be made by ORG
under this Part on the basis of such
5 information as ORG considers sufficient in
the circumstances.
(2) A determination of ORG under this Part is
effective when written notice is served on
the relevant person.
10 (3) Notwithstanding that an application is made
under section 37 of the Office of the
Regulator-General Act 1994 for review of
a determination of ORG under this Part, the
determination continues to have effect
15 pending determination of the application
except as otherwise determined by ORG.
(4) ORG may, by notice in writing served on the
person on whom notice of the determination
was served, revoke or vary a determination
20 of ORG under this Part with effect from the
date of the determination or some other date
determined by ORG.
100. Appeal against determination of ORG
(1) Despite anything to the contrary in the
25 Office of the Regulator-General Act 1994,
a person on whom notice of a determination
of ORG is served under this Part may appeal
to the Supreme Court against the
determination.
30 (2) An appeal under this section must be
instituted within 21 days after notice of the
determination under appeal is served on the
appellant and that period of limitation may
not be extended.
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(3) The Supreme Court may, on an appeal under
this section, if satisfied that proper grounds
for making the determination did not exist,
quash or vary the determination, either
5 conditionally or unconditionally and with
effect from the date of the determination or
some other date, as the Court thinks fit, and
make any consequential or ancillary orders
that may be just.
10 (4) Notwithstanding an appeal under this
section, a determination other than--
(a) a determination under section 96(1)
requiring a person to dispose of shares
in the relevant corporation; or
15 (b) a determination under section 96(4) that
shares in the relevant corporation are
forfeited to the State--
continues to have effect pending
determination of the appeal.
20 (5) Except as provided in this Part, a
determination of ORG under this Part may
not be challenged or called into question.
101. Sale of forfeited shares
(1) ORG is to sell any shares forfeited to the
25 State under this Part.
(2) For the purposes of a sale of shares under
sub-section (1), ORG is not bound by any
restriction on the sale of shares whether
contained in the memorandum or articles of
30 association of the relevant corporation or in
any other document.
(3) Any money realised from the sale of
forfeited shares under this section must, after
deduction of the reasonable costs of the
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forfeiture and sale be paid to the person from
whom the shares were forfeited.
102. Service
A notice required or authorised by this Part
5 to be served on a person--
(a) in the case of a natural person--
(i) may be served personally on the
person; or
(ii) may be sent by post to the person
10 at his or her last known place of
residence, business or
employment; or
(b) in the case of a company or other body,
may be left at, or sent by post to, its
15 registered office or a place of business
of the company or body whether within
the State or elsewhere.
PART 6--GENERAL
103. Delegation
20 The Minister may, by instrument, delegate
to--
(a) the Secretary; or
(b) the Secretary to the Department of
Treasury and Finance; or
25 (c) the Director; or
(d) an executive within the meaning of the
Public Sector Management and
Employment Act 1998 employed in
the Department--
30 any of his or her powers under this Act other
than this power of delegation.
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104. Freedom of Information Act 1982
(1) The Freedom of Information Act 1982
does not apply to a document to the extent to
which the document discloses information
5 about--
(a) the identity of any person expressing an
interest in purchasing, or making an
offer to purchase--
(i) any property of V/Line Freight,
10 V/Line Passenger Corporation,
Met Train 1, Met Train 2, Met
Tram 1 or Met Tram 2; or
(ii) any shares in a relevant body
corporate or any property or rights
15 of a relevant body corporate; or
(b) the terms of any expression of interest
or offer referred to in paragraph (a).
(2) In this section--
"relevant body corporate" means a train
20 operator or a tram operator.
105. Supreme Court--limitation of jurisdiction
It is the intention of section 100(5) to alter or
vary section 85 of the Constitution Act
1975.
25 106. Regulations
The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Act to
be prescribed or necessary to be prescribed
30 to give effect to this Act.
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PART 7--TRANSITIONAL
107. Orders under repealed sections
An Order in force under Part 4 immediately
before the commencement of section 15 of
5 the Rail Corporations (Further
Amendment) Act 1998 has effect--
(a) in the case of an Order under section
60A, as if it were an Order under
section 60 as amended by that Act;
10 (b) in the case of an Order under section
61, as if it were an Order under section
61 as amended by that Act;
(c) in the case of an Order under section
62, as if it were an Order under section
15 62 as amended by that Act;
(d) in the case of an Order under section
63, as if it were an Order under section
63 as amended by that Act.
108. Repeals consequential on new Part 4
20 Sections 7A, 7B, 7C, 12, 13, 13A, 13B, 18E,
18F, 18K, 18L, 18Q, 18R, 18S, 18X, 18Y,
18Z, 18ZE and 18ZF are repealed.'.
16. New section 106A inserted
In Part 7 of the Principal Act, before section 107
25 insert--
"106A. Privatisation of V/Line Freight
On the commencement of section 4 of the
Rail Corporations (Amendment) Act
1997--
30 (a) V/Line Freight is abolished;
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(b) all directors of V/Line Freight go out of
office;
(c) the chief executive officer of V/Line
Freight goes out of office;
5 (d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
successor in law of V/Line Freight.".
_______________
10
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PART 3--TRANSPORT ACT 1983
17. Principal Act
No. 9921.
In this Part, the Transport Act 1983 is called the
Reprint No. 6
Principal Act. as at 1 July
1998.
5 18. Definitions: general
(1) In section 2(1) of the Principal Act insert--
' "Director" means the Director of Public
Transport under this Act;
"passenger service" has the same meaning as in
10 the Rail Corporations Act 1996;
"public transport property" means property that
is used by a passenger transport company in
the provision of a passenger service;
"rail corporation" has the same meaning as in
15 the Rail Corporations Act 1996;
"rail freight operator" means--
(a) V/Line Freight; or
(b) a person or body specified in an Order
under sub-section (2B), subject to any
20 terms and conditions specified in that
Order;
"train operator", in relation to a provision of
this Act, means a body corporate specified in
an Order under sub-section (2C) to be a train
25 operator for the purposes of that provision;
"tram operator", in relation to a provision of
this Act, means a body corporate specified in
an Order under sub-section (2D) to be a tram
operator for the purposes of that provision.'.
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(2) In section 2(1) of the Principal Act, for the
definition of "passenger transport company"
substitute--
' "passenger transport company" means--
5 (a) the Public Transport Corporation; or
(b) V/Line Passenger Corporation; or
(c) Met Train 1 and Met Train 2; or
(d) Met Tram 1 and Met Tram 2; or
(e) a train operator; or
10 (f) a tram operator; or
(g) a person or body specified in an Order
under sub-section (2A), subject to any
terms and conditions specified in that
Order;'.
15 (3) In section 2 of the Principal Act, after sub-section
(2) insert--
"(2A) The Governor in Council, by Order
published in the Government Gazette, may
declare that a person or body specified in the
20 Order, being a person or body that has
entered into a contract with the Crown or the
Secretary or the Director on behalf of the
Crown for the provision by that person or
body of a passenger service, is, on and from
25 a date specified in the Order and subject to
any terms and conditions specified in the
Order, a passenger transport company for the
purposes of this Act.
(2B) The Governor in Council, by Order
30 published in the Government Gazette, may
declare that a person or body specified in the
Order, being a person or body that operates
rail freight services, is, on and from a date
specified in the Order and subject to any
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terms and conditions specified in the Order,
a rail freight operator for the purposes of this
Act.
(2C) The Governor in Council, by Order
5 published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that is a party to a
lease of rail infrastructure (within the
meaning of the Rail Corporations Act
10 1996) by the Director acting on behalf of the
Crown or the Public Transport Corporation
or Rail Track, is, on and from a specified
date, a train operator for the purposes of a
specified provision of this Act.
15 (2D) The Governor in Council, by Order
published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that is a party to a
lease of tram infrastructure (within the
20 meaning of the Rail Corporations Act
1996) by the Director acting on behalf of the
Crown or the Public Transport Corporation
or Rail Track, is, on and from a specified
date, a tram operator for the purposes of a
25 specified provision of this Act.".
19. Heading to Division 1, Part 2
In Part II of the Principal Act, for the heading to
Division 1 substitute--
"Division 1--The Department".
30 20. New section 4A inserted
After section 4 of the Principal Act insert--
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"4A. Revenue allocation agreements
(1) The Crown may enter into agreements
relating to the allocation of revenue derived
from the provision by any person or body of
5 any passenger services or other transport
services.
(2) An agreement referred to in sub-section (1)
may be entered into on behalf of the Crown
by the Secretary or the Director or the
10 Secretary and the Director acting jointly.".
21. Powers of Secretary
(1) In section 6A of the Principal Act, sub-section (2)
is repealed.
(2) In section 6A of the Principal Act, after sub-
15 section (3) insert--
"(4) The Secretary, on behalf of the Crown, may
enter into an agreement referred to in section
4A(1).".
(3) In section 7A of the Principal Act, at the end of
20 the section insert--
"(2) The Minister cannot give to the Secretary
any direction as to the quantum of any
amount payable under section 68 of the Rail
Corporations Act 1996 for breach of a civil
25 penalty provision within the meaning of that
section.".
22. New sections 8 and 9 inserted
After section 7A of the Principal Act insert--
'8. Director of Public Transport
30 There shall be a Director of Public Transport
employed under Part 3 of the Public Sector
Management and Employment Act 1998.
9. Functions and powers of Director
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(1) The Director has the general administration
of arrangements entered into with a body
corporate that is a train operator or tram
operator.
5 (2) Subject to the approval of the Minister, the
Director may on behalf of the Crown--
(a) acquire, hold or dispose of real or
personal property;
(b) participate in the formation of a
10 corporation, trust, partnership or other
body;
(c) subscribe for or otherwise acquire, and
hold and dispose of, shares in or
debentures or other securities of, a
15 corporation;
(d) become a member of a company
limited by guarantee;
(e) subscribe for or otherwise acquire, and
hold and dispose of, units in a trust;
20 (f) acquire, and hold and dispose of, an
interest in a partnership or other body;
(g) enter into partnership or into any
arrangement for sharing of profits,
union of interest, co-operation, joint
25 venture, reciprocal concession or
otherwise, with any person or body
carrying on or engaged in, or about to
carry on or engage in, any business or
transaction whether within or outside
30 the State relating to, or connected with,
the provision of passenger services or
other transport services.
(3) The Director also has any other functions
and powers conferred on the Director by or
35 under this or any other Act.
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(4) Without derogating from the Director's
functions and powers under sub-sections (1),
(2) and (3) and section 5, the Director may
on behalf of the Crown--
5 (a) enter into agreements, leases or
licences relating to, or connected with,
the provision or operation by a person
or body of a passenger service;
(b) operate a passenger service;
10 (c) enter into an agreement referred to in
section 4A(1);
(d) enter into any other agreement, lease or
licence or do any other thing that it is
necessary or convenient to enter into or
15 do for, or in connection with, or as
incidental to, the performance of his or
her functions.
(5) The Director must comply with any
directions given by the Minister.
20 (6) Neither the Minister nor the Secretary can
give to the Director any direction as to the
quantum of any amount payable under
section 68 of the Rail Corporations Act
1996 for breach of a civil penalty provision
25 within the meaning of that section.
(7) The Director may, by instrument, delegate to
a person by name or to the holder of an
office any power of the Director, other than
the power to enter into agreements, leases or
30 licences on behalf of the Crown or this
power of delegation.'.
23. New section 10 inserted
After section 9 of the Principal Act insert--
'10. Priority of passenger services
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(1) If--
(a) an agreement relating to the provision
or operation of passenger services
entered into between the Director on
5 behalf of the Crown and a train
operator provides for the Director to
require or approve a change in the
timetable for a passenger service
provided by the train operator; and
10 (b) in accordance with that agreement the
Director requires or approves a
timetable change; and
(c) in order to provide the passenger
service to which the timetable change
15 relates, the train operator requires
access to or use of declared rail
transport services within the meaning
of the Rail Corporations Act 1996;
and
20 (d) the train operator is a party to an
agreement relating to access to those
declared rail transport services or is
bound by a determination on such
access made in accordance with section
25 26 of the Office of the Regulator-
General Act 1994--
then--
(e) the person that is the operator for the
purposes of Part 2A of the Rail
30 Corporations Act 1996 of the rail
infrastructure used to provide those
declared rail transport services (in this
section referred to as "the rail
infrastructure operator") must provide
35 the train operator with such access to
those services as is necessary to enable
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the train operator to provide the
passenger service in accordance with
the timetable change; or
(f) if the train operator and the rail
5 infrastructure operator are the same
person, the train operator may use those
services to the extent necessary to
enable the train operator to provide the
passenger service in accordance with
10 the timetable change.
(2) Sub-section (1) applies even if the provision
of access to or use by the train operator
may--
(a) interfere with an existing use by the rail
15 infrastructure operator of the declared
rail transport services for the provision
by that operator of a rail transport
service other than a passenger service
or a service that is predominantly a
20 passenger service (in this section
referred to as "a non-passenger
service"); or
(b) interfere with an existing right of
access of another person to the declared
25 rail transport services to provide a non-
passenger service.
(3) Sub-section (1) is subject to--
(a) any existing use by the rail
infrastructure operator of the declared
30 rail transport services for the provision
of, or predominantly for the provision
of, a passenger service by that operator;
or
(b) any existing right of access of a train
35 operator to the declared rail transport
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services for the provision of, or
predominantly for the provision of, a
passenger service.
(4) Nothing in sub-section (2) or (3) affects any
5 provision of an agreement or determination
referred to in sub-section (1)(d) or relating to
a right of access referred to in sub-section
(2)(b) or (3)(b) which specifies the
respective rights and obligations of the
10 parties to the agreement or the parties bound
by the determination as a result of--
(a) any interference with an existing use or
right of access arising from the
operation of this section; or
15 (b) the Director requiring or approving a
timetable change in accordance with an
agreement referred to in sub-section
(1)(a).
(5) Subject to the terms of any agreement or
20 determination relating to a right of access
referred to in sub-section (2)(b), if the
operation of this section interferes with that
right of access, the rail infrastructure
operator must use all reasonable endeavours
25 to provide alternative access to the person
whose right of access is interfered with so as
to minimise that interference.
(6) In deciding whether to require or approve a
timetable change in accordance with an
30 agreement referred to in sub-section (1)(a),
the Director must have regard to the
objective of ensuring that the provision of a
passenger service has priority over any non-
passenger service unless, in the particular
35 circumstances, the interference with a non-
passenger service resulting from according
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that priority would in the opinion of the
Director be serious and unreasonable.'.
24. New section 11 inserted
At the end of Division 1 of Part II of the Principal
5 Act insert--
'11. Public Transport Fund
(1) There shall be established in the Trust Fund
an account to be known as the "Public
Transport Fund".
10 (2) There shall be paid into the Public Transport
Fund--
(a) all amounts received under agreements,
leases or licences entered into by or on
behalf of the Crown relating to, or
15 connected with, passenger services or
other transport services;
(b) all amounts allocated to the Crown in
accordance with any agreement referred
to in section 4A(1);
20 (c) any income from the investment of
money standing to the credit of the
Fund and the proceeds of sale of any
investment;
(d) money appropriated by the Parliament
25 for the purposes of the Fund;
(e) any other money directed by the
Treasurer to be paid into the Fund.
(3) There shall be paid out of the Public
Transport Fund--
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26
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(a) all amounts payable by or on behalf of
the Crown in accordance with
agreements, leases or licences relating
to passenger services or other transport
5 services;
(b) any other amounts authorised under this
or any other Act to be paid out of the
Fund.
(4) Money standing to the credit of the Public
10 Transport Fund may be invested in any
manner in which trust funds may be invested
under the Trustee Act 1958.'.
25. Contracts with Crown
In the Principal Act--
15 (a) in section 4(2)(aa), for "Secretary" (where
twice occurring) substitute "Crown or the
Secretary or the Director";
(b) in section 5, after "Secretary" insert "or the
Director";
20 (c) in section 14A(2)(b)(ii) and (iii), for
"Secretary" substitute "Crown or the
Secretary or the Director";
(d) in section 221(1)(a), after "Corporation"
insert "or under a contract entered into by
25 the Crown or the Director on behalf of the
Crown";
(e) in section 222(2), after "Corporation" insert
"or under a contract entered into by the
Crown or the Director on behalf of the
30 Crown".
26. Regulations
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(1) In section 56(1) of the Principal Act--
(a) in paragraphs (a), (b) and (c), after
"Corporation" insert ", passenger transport
company or rail freight operator";
5 (b) in paragraph (d), after "Corporation" insert
"or Rail Track";
(c) in paragraphs (e), (f), (h) and (k), after
"Corporation" insert "or Rail Track or under
the control of the Director or of a passenger
10 transport company or rail freight operator";
(d) in paragraph (ma), after "Corporation" insert
"or a passenger transport company or Rail
Track";
(e) in paragraph (r)--
15 (i) after "Part" (where first and secondly
occurring) insert "or Division 4A of
Part VII";
(ii) after "Part" (where thirdly occurring)
insert "or on the Secretary by Division
20 4A of Part VII".
(2) In section 56(3) of the Principal Act--
(a) in paragraph (d), after "Corporation" insert
"or passenger transport company";
(b) in paragraph (f), after "Corporation" (where
25 twice occurring) insert "or passenger
transport company".
(3) In section 56 of the Principal Act, after sub-
section (3) insert--
"(3A) A reference in sub-section (1) to--
30 (a) a passenger transport company is a
reference to such a company only in its
capacity as a provider of a passenger
service; and
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28
Act No.
(b) a rail freight operator is a reference to
such an operator only in its capacity as
an operator of rail freight services--
and regulations cannot be made under that
5 sub-section that have any effect in relation to
such a company or operator in the
performance by it of any other function or
the exercise by it of any other power.".
27. Definitions: Part VII
10 (1) In section 208 of the Principal Act insert--
' "ticket infringement" means a ticket offence
that is prescribed for the purposes of this
Part;
"ticket offence" means--
15 (a) an offence against section 221; or
(b) an offence against a provision of this
Act or the regulations relating to--
(i) a ticket within the meaning of
section 221; or
20 (ii) conditions subject to which a
person makes a journey.'.
(2) In section 208 of the Principal Act, in the
definition of "transport infringement" after "safety
work infringement" insert "or ticket
25 infringement".
28. Amendment of Division heading
In the heading to Division 2 of Part VII of the
Principal Act, after "Transport" insert "and
Ticket".
30 29. Amendment of section 211
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In section 211 of the Principal Act, for sub-section
(1) substitute--
'(1) In this Division--
"authorised officer"--
5 (a) in relation to a transport
infringement, means an officer of
the Public Transport Corporation
or the Roads Corporation
appointed in writing by that
10 Corporation or a person (whether
an officer of any such Corporation
or not) appointed in writing by the
Secretary either generally or in a
particular case for the purposes of
15 this Division;
(b) in relation to a ticket
infringement, means--
(i) a person who is employed or
engaged by a passenger
20 transport company; or
(ii) a person who is employed in
the Department under Part 3
of the Public Sector
Management and
25 Employment Act 1998; or
(iii) a person who is employed or
engaged by a person
providing transport services
under an agreement entered
30 into with the Secretary or the
Director on behalf of the
Crown--
and who is appointed in writing
by the Secretary either generally
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31
Act No.
or in a particular case for the
purposes of this Division.'.
30. Ticket and transport infringements
(1) In section 212(1) of the Principal Act for "an
5 authorised officer" substitute "a person who is an
authorised officer in relation to a transport
infringement".
(2) After section 212(1) of the Principal Act insert--
"(1A) A member of the police force or a person
10 who is an authorised officer in relation to a
ticket infringement who has reason to
believe that a person has committed a ticket
infringement may, in accordance with the
regulations, serve on that person a ticket
15 infringement notice.".
(3) In section 212(2) and (3) of the Principal Act,
after "transport infringement notice" insert "or
ticket infringement notice".
(4) In section 212(5) of the Principal Act, after
20 "transport infringement" insert "or ticket
infringement".
(5) In section 215(1) of the Principal Act--
(a) after paragraph (a) insert--
"(ab) prescribing ticket infringements for
25 which a ticket infringement notice may
be served; and";
(b) in paragraphs (b) and (c) for "a transport"
substitute "an";
(c) in paragraph (f) after "infringement" insert
30 "or ticket infringement".
31. Power to require names and addresses
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In section 218B of the Principal Act, after sub-
section (2) insert--
"(2A) Despite anything to the contrary in sub-
section (2), an authorised officer who is
5 employed or engaged by a passenger
transport company may only make a request
under that sub-section if the authorised
officer believes on reasonable grounds that
the person has committed or is about to
10 commit an offence against this Part or
against any regulation made under this Part
or section 56 or 249B.".
32. New section 219AA inserted
After section 219 of the Principal Act insert--
15 '219AA. Power of authorised persons to detain
suspected offenders
(1) In this section--
"authorised person" means a person who is
employed or engaged by a passenger
20 transport company and who is
authorised in writing by the Secretary
either generally or in a particular case
for the purposes of this section.
(2) Subject to sub-section (7), this section
25 applies if an authorised person believes on
reasonable grounds that a person has
committed an offence against this Part or
against any regulation made under this Part
or section 56 or 249B.
30 (3) The authorised person may detain the person
if the authorised person believes on
reasonable grounds that the detention is
necessary for any one or more of the
following reasons--
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(a) to ensure the appearance of the person
before a court of competent
jurisdiction;
(b) to preserve public order;
5 (c) to prevent the continuation or repetition
of the offence or the commission of a
further offence;
(d) for the safety or welfare of members of
the public or of the person.
10 (4) The authorised person may ask any other
person to assist him or her to detain an
alleged offender, and that other person may
assist in the detention.
(5) The authorised person must give the alleged
15 offender into the charge of a member of the
police force as soon as is practicable after
detaining him or her.
(6) A member of the police force who is given
charge of an alleged offender under sub-
20 section (5) must release the alleged offender
or convey him or her as soon as is
practicable before a bail justice or the
Magistrates' Court to be dealt with according
to law.
25 (7) An authorised person--
(a) may only exercise powers under this
section in relation to offences or
suspected offences relating to a
passenger transport company
30 committed or that the authorised person
believes were committed on or in
relation to public transport property of
that passenger transport company; and
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(b) in exercising powers under this section
may not use any more force than is
reasonable in the circumstances.'.
33. Power to remove offenders
5 (1) In section 220 of the Principal Act, before sub-
section (1) insert--
'(1AA) In this section--
"authorised person" means a person who is
employed or engaged by a passenger
10 transport company and who is
appointed in writing by the Secretary
either generally or in a particular case
for the purposes of this section.'.
(2) In section 220 of the Principal Act--
15 (a) in sub-section (1), after "Corporation"
(where first occurring) insert "or an
authorised person";
(b) in sub-section (1)(a), after "regulations"
insert "or, in the case of an authorised
20 person, an offence against this Part or against
any regulation made under this Part or
section 56 or 249B";
(c) in sub-section (1)(b), for "that Corporation in
lawful use of any vehicle or premises or
25 property of that Corporation" substitute
"that Corporation or of the passenger
transport company in lawful use of any
vehicle or premises or property of that
Corporation or company";
30 (d) in sub-section (1), for "officers or agents of
that Corporation or any of them" substitute
"officer or agent of that Corporation or the
authorised person";
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35
Act No.
(e) in sub-section (1), after "that Corporation"
(where fourthly and fifthly occurring) insert
"or company";
(f) in sub-section (2), after "Corporation" insert
5 "or an authorised person".
(3) After section 220(5) of the Principal Act insert--
"(6) An authorised person may only exercise
powers under this section in relation to
offences or suspected offences relating to a
10 passenger transport company committed or
that the authorised person believes were
committed on or in relation to public
transport property of that passenger transport
company.".
15 34. Ticket conditions
In section 221 of the Principal Act, after sub-
section (1) insert--
"(1A) A passenger transport company may--
(a) with the approval of the Secretary or
20 the Director, determine conditions to
which a ticket of a specified class
issued by it is to be subject; and
(b) publish those conditions in the
Government Gazette.
25 (1B) A ticket issued by a passenger transport
company that is of a class in respect of
which conditions approved by the Secretary
or the Director have been published in the
Government Gazette in accordance with sub-
30 section (1A) is issued subject to those
conditions.".
35. Graffiti
(1) In the Principal Act--
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(a) in sections 223A(1) and 223B(1) and (3), for
"the Public Transport Corporation"
(wherever occurring) substitute "a
passenger transport company";
5 (b) in section 223A(1), for "that Corporation"
(wherever occurring) substitute "that
company";
(c) in section 223B(4)--
(i) for "the Public Transport Corporation"
10 (where first occurring) substitute "a
passenger transport company";
(ii) for "the Public Transport Corporation"
(where secondly occurring) substitute
"the passenger transport company".
15 (2) In section 223A(1) of the Principal Act, omit the
definition of "authorised officer".
(3) In section 223C of the Principal Act--
(a) omit "or an authorised officer";
(b) for "the Public Transport Corporation"
20 (where first occurring) substitute "a
passenger transport company";
(c) omit "or officer";
(d) in paragraph (a), for "Public Transport
Corporation" substitute "passenger transport
25 company".
(4) In section 223D of the Principal Act, omit "or an
authorised officer".
36. Prosecutions
(1) In section 229 of the Principal Act, after sub-
30 section (1) insert--
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"(1AA) Despite anything to the contrary in sub-
section (1), a proceeding for a ticket offence
may be brought by a person who is
employed or engaged by a passenger
5 transport company and who is authorised in
writing by the Secretary either generally or
in a particular case for the purposes of this
section.".
(2) In section 229(1B) of the Principal Act, after "(1)"
10 insert ", (1AA)".
37. Evidentiary provisions
(1) In section 230(2) of the Principal Act--
(a) after "a Corporation" insert "or a passenger
transport company";
15 (b) after "the Corporation" insert "or company".
(2) In section 230(3A) of the Principal Act--
(a) after "the Corporation" (where first
occurring) insert ", or under the hand of a
person who is employed or engaged by a
20 passenger transport company authorised to
sign that certificate by the chief executive of
the company,";
(b) after "the Corporation" (where secondly
occurring) insert "or company (as the case
25 requires)".
(3) In section 230(4) of the Principal Act--
(a) after "or of a Corporation" insert "or of a
person who is employed or engaged by a
passenger transport company";
30 (b) after "Chief Executive of the Corporation"
insert "or of the company".
(4) In section 230(5) of the Principal Act--
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(a) after "a Corporation" insert "or a passenger
transport company";
(b) after "the Corporation" insert "or company".
38. New section 246B inserted
5 After section 246A of the Principal Act insert--
"246B. Rail Corporations (Further Amendment)
Act 1998
On the repeal of section 6A(2) by section
21(1) of the Rail Corporations (Further
10 Amendment) Act 1998, any property vested
by force of that section in the Secretary and
his or her successors immediately before that
repeal vests in the Crown by force of this
section.".
15 39. New section 249C inserted
After section 249B of the Principal Act insert--
"249C. Exemption for tramway rollingstock
(1) Nothing done or omitted to be done by a
passenger transport company, government
20 department or any other person or body in
relation to--
(a) authorising, permitting or requiring the
use of, or using, a tram or light rail
vehicle in the provision of a service for
25 the carrying of passengers by tramway
that is so constructed or designed that
ingress to it or egress from it is denied
or limited to certain persons; or
(b) authorising, permitting or requiring the
30 provision of, or providing, stopping
places or associated facilities for
passenger services on any land on
which there is tram infrastructure
within the meaning of the Rail
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s. 39
Act No.
Corporations Act 1996 that are so
constructed or designed that use of
them is denied or limited to certain
persons--
5 constitutes discrimination on the basis of
impairment for the purposes of the Equal
Opportunity Act 1995 and any conduct
referred to in this section is authorised.
(2) This section expires on 1 January 2008.".
10 _______________
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Act No.
PART 4--OTHER ACTS
No. 104/1997. 40. Rail Corporations (Amendment) Act 1997
(1) In section 36 of the Rail Corporations
(Amendment) Act 1997, in proposed new section
5 221A of the Transport Act 1983--
(a) in sub-section (1), for "section 221(1)(c)"
(where first occurring) substitute "a relevant
provision";
(b) in sub-section (1), for paragraph (a)
10 substitute--
"(a) is competent to exercise the functions
conferred on an authorised person by
the relevant provision; and";
(c) in sub-section (1)(d), for "section 221"
15 substitute "the relevant provision";
(d) in sub-sections (2), (7) and (8), for "section
221(1)(c)" substitute "a relevant provision";
(e) in sub-section (8)(a) for "section 221"
substitute "the relevant provision".
20 (2) In section 36 of the Rail Corporations
(Amendment) Act 1997, after proposed new
section 221A(9) of the Transport Act 1983
insert--
'(10) In this section--
25 "relevant provision" means section
219AA, 220 or 221.'.
(3) In section 37 of the Rail Corporations
(Amendment) Act 1997, in proposed new
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s. 41
Act No.
Division 4A to be inserted in Part VII of the
Transport Act 1983--
(a) in section 228A(1), for "section 221"
substitute "a relevant provision within the
5 meaning of section 221A";
(b) in section 228A(2)(b)(i), after "fee" insert
", if any".
41. Rail Corporations (Amendment) Act 1998
No. 47/1998.
In the Rail Corporations (Amendment) Act
10 1998--
(a) in section 10, in proposed new Part 2A of the
Rail Corporations Act 1996, section 38Q is
repealed;
(b) section 13 is repealed.
15 42. Access Regime
In section 10 of the Rail Corporations
(Amendment) Act 1998, for proposed new
section 38B to be inserted in the Rail
Corporations Act 1996 substitute--
20 '38B. Objectives of the Office of the Regulator-
General
The objectives of the Office in relation to the
regulated industry are, in addition to the
objectives under section 7 of the Office of
25 the Regulator-General Act 1994 (but
subject to section 4(2) of that Act)--
(a) to ensure users have fair and reasonable
access to declared rail transport
services; and
30 (b) to ensure that users which require
access to declared rail transport
services to provide passenger services
have priority over users which require
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s. 43
44
Act No.
such access to provide services other
than passenger services ("non-
passenger services").'.
43. Further amendment of access regime
5 (1) In section 10 of the Rail Corporations
(Amendment) Act 1998, at the end of proposed
new section 38C to be inserted in the Rail
Corporations Act 1996 insert--
"(4) Until 1 July 2001, sub-section (1) does not
10 apply to a rail transport service to the extent
that the service relates to the use of railway
track between Shepparton and Seymour or
between Warrnambool and South Geelong
for the purpose of providing passenger
15 services.".
(2) In section 10 of the Rail Corporations
(Amendment) Act 1998, at the end of proposed
new section 38H to be inserted in the Rail
Corporations Act 1996 insert--
20 "(2) The Office must not make a determination
providing access unless the Office has given
notice to the Director of the application
under section 38F at least 20 days before
making the determination and has considered
25 any submission made by the Director before
the determination is made.".
44. Borrowing and Investment Powers Act 1987
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Act No.
In Schedule 1 to the Borrowing and Investment No. 13/1987.
Powers Act 1987, after item 23B insert-- Reprint No. 4
as at
"23C. V/Line Passenger 5, 8, 10, 11, 11AA, 12 September
1997. Further
Corporation 11AB, 13, 14, 14A,
amended by
15, 20, 20A and 21".
Nos 84/1996,
56/1997,
71/1997,
91/1997,
93/1997,
99/1997,
104/1997,
109/1997,
25/1998 and
43/1998.
45. Country Fire Authority Act 1958
No. 6228.
In section 3 of the Country Fire Authority Act
Reprint No. 8
5 1958, in the definition of "heat engine" after as at
"railway line" insert "owned by or". 1 January
1998.
46. Docklands Authority Act 1991
No. 22/1991.
In section 28 of the Docklands Authority Act
Reprint No. 1
1991, after sub-section (2) insert-- as at 9 May
1996. Further
10 "(2A) Without limiting sub-section (2), if under amended by
that sub-section the Authority is required to Nos 9/1996,
73/1996,
get the approval of Victorian Rail Track 63/1997,
before doing anything under sub-section (1), 66/1997,
104/1997,
the Authority must also get the approval of 18/1998 and
15 the Director of Public Transport appointed 46/1998.
under the Transport Act 1983 before doing
that thing.".
47. Local Government Act 1989
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s. 48
Act No.
In section 154 of the Local Government Act
No. 11/1989.
1989, after sub-section (3) insert--
Reprint No. 4
as at 1 July
"(3A) For the purposes of sub-section (2)(b), any
1998.
part of land does not cease to be used
5 exclusively for public purposes only because
it is leased--
(a) to a rail freight operator within the
meaning of the Transport Act 1983; or
(b) to a passenger transport company
10 within the meaning of that Act.".
48. Office of the Regulator-General Act 1994
No. 42/1994. (1) In section 3(2) of the Office of the Regulator-
Reprint No. 2
General Act 1994, for "sub-section (3)"
as at 19 June
substitute "sub-sections (3) and (5)".
1997. Further
amended by
15 (2) After section 3(4) of the Office of the Regulator-
No. 46/1998.
General Act 1994 insert--
"(5) Sub-section (2) does not apply to--
(a) railways and rail infrastructure; or
(b) tramways and tram infrastructure.".
20 49. Treasury Corporation of Victoria Act 1992
No. 80/1992. (1) In section 36A of the Treasury Corporation of
Reprint No. 2
Victoria Act 1992, in the definition of "public
as at
authority", after "V/Line Freight," insert "V/Line
20 August
1998.
Passenger Corporation,".
25 (2) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992, after the entry relating to
V/Line Freight insert--
"V/Line Passenger Rail Corporations Act
Corporation 1996".
86
532148B.I1-27/10/98
Rail Corporations (Further Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
87
532148B.I1-27/10/98
Rail Corporations (Further Amendment) Act 1998
Act No.
88
532148B.I1-27/10/98
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