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PARLIAMENT OF VICTORIA
Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE RAIL CORPORATIONS ACT
1996 3
3. Abolition of Met Train 1 3
4. Abolition of Met Train 2 3
5. Abolition of Met Tram 1 4
6. Abolition of Met Tram 2 4
7. Abolition of V/Line Passenger Corporation 4
8. New sections 109 to 113 inserted 5
109. Abolition of Met Train 1 5
110. Abolition of Met Train 2 5
111. Abolition of Met Tram 1 6
112. Abolition of Met Tram 2 6
113. Abolition of V/Line Passenger Corporation 7
9. Minor amendments 7
PART 3--AMENDMENTS TO THE TRANSPORT ACT 1983 10
10. Power to arrest suspected offenders 10
11. Power to remove offenders 10
12. Minor amendments 11
13. Statute law revision 11
PART 4--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 12
14. Borrowing and Investment Powers Act 1987 12
15. Treasury Corporation of Victoria Act 1992 12
NOTES 14
i
541025B.I1-2/12/99
PARLIAMENT OF VICTORIA
Initiated in Council 30 November 1999
A BILL
to amend the Rail Corporations Act 1996 and the Transport Act
1983, to make consequential amendments to certain other Acts and for
other purposes.
Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to provide for the abolition of certain
5 statutory corporations established under the
Rail Corporations Act 1996; and
1
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
s. 2
Act No.
(b) to amend the Transport Act 1983 to enable
certain employees in the Department of
Infrastructure to be authorised to exercise a
power to arrest, or remove from public
5 transport property or vehicles, persons
suspected of having offended against that
Act or the regulations made under it.
2. Commencement
(1) This Part and section 13 come into operation on
10 the day after the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
15 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2001, it
comes into operation on that day.
_______________
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
s. 3
Act No.
PART 2--AMENDMENTS TO THE RAIL CORPORATIONS
ACT 1996
3. Abolition of Met Train 1
No. 79/1996.
(1) Division 2A of Part 2 of the Rail Corporations
Reprint No. 1
5 Act 1996 is repealed. as at 29 April
1999. Further
(2) In the definition of "rail corporation" in section amended by
3(1) of the Rail Corporations Act 1996, omit Nos 104/1997,
46/1998,
"Met Train 1 or". 47/1998,
85/1998,
(3) In Part 4 of the Rail Corporations Act 1996-- 98/1998 and
45/1999.
10 (a) in section 60(6)(c), omit "Met Train 1";
(b) in section 61(3)(d), omit "Met Train 1";
(c) in section 62(4)(d), omit "Met Train 1";
(d) in section 64(2)(d), omit "Met Train 1";
(e) in section 66(4)(a), omit "Met Train 1";
15 (f) in section 67(3)(d), omit "Met Train 1".
4. Abolition of Met Train 2
(1) Division 2B of Part 2 of the Rail Corporations
Act 1996 is repealed.
(2) In the definition of "rail corporation" in section
20 3(1) of the Rail Corporations Act 1996, omit
"Met Train 2 or".
(3) In Part 4 of the Rail Corporations Act 1996--
(a) in section 60(6)(c), omit "and Met Train 2";
(b) in section 61(3)(d), omit "and Met Train 2";
25 (c) in section 62(4)(d), omit "and Met Train 2";
(d) in section 64(2)(d), omit "and Met Train 2";
(e) in section 66(4)(a), omit "and Met Train 2";
(f) in section 67(3)(d), omit "and Met Train 2".
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Amendments) Act 1999
s. 5
7
Act No.
5. Abolition of Met Tram 1
(1) Division 2C of Part 2 of the Rail Corporations
Act 1996 is repealed.
(2) In the definition of "rail corporation" in section
5 3(1) of the Rail Corporations Act 1996, omit
"Met Tram 1 or".
(3) In Part 4 of the Rail Corporations Act 1996--
(a) in section 61(3)(e), omit "Met Tram 1";
(b) in section 62(4)(e), omit "Met Tram 1";
10 (c) in section 63(4)(b), omit "Met Tram 1";
(d) in section 64(2)(e), omit "Met Tram 1";
(e) in section 65(2)(a), omit "Met Tram 1";
(f) in section 66(4)(b), omit "Met Tram 1";
(g) in section 67(3)(e), omit "Met Tram 1".
15 6. Abolition of Met Tram 2
(1) Division 2D of Part 2 of the Rail Corporations
Act 1996 is repealed.
(2) In the definition of "rail corporation" in section
3(1) of the Rail Corporations Act 1996, omit
20 "Met Tram 2 or".
(3) In Part 4 of the Rail Corporations Act 1996--
(a) in section 61(3)(e), omit "and Met Tram 2";
(b) in section 62(4)(e), omit "and Met Tram 2";
(c) in section 63(4)(b), omit "and Met Tram 2";
25 (d) in section 64(2)(e), omit "and Met Tram 2";
(e) in section 65(2)(a), omit "and Met Tram 2";
(f) in section 66(4)(b), omit "and Met Tram 2";
(g) in section 67(3)(e), omit "and Met Tram 2".
7. Abolition of V/Line Passenger Corporation
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
s. 8
Act No.
(1) Division 2E of Part 2 of the Rail Corporations
Act 1996 is repealed.
(2) In the definition of "rail corporation" in section
3(1) of the Rail Corporations Act 1996, omit
5 "V/Line Passenger Corporation or".
(3) In Part 4 of the Rail Corporations Act 1996--
(a) section 61(3)(b) is repealed;
(b) section 62(4)(b) is repealed;
(c) section 64(2)(b) is repealed;
10 (d) in section 64(2)(i), omit "(b),";
(e) section 67(3)(b) is repealed;
(f) in section 67(3)(i), omit "(b),".
8. New sections 109 to 113 inserted
In Part 7 of the Rail Corporations Act 1996,
15 after section 108 insert--
"109. Abolition of Met Train 1
On the commencement of section 3(1) of the
Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999--
20 (a) Met Train 1 is abolished;
(b) all directors of Met Train 1 go out of
office;
(c) the chief executive officer of Met
Train 1 goes out of office;
25 (d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
successor in law of Met Train 1.
110. Abolition of Met Train 2
5
541025B.I1-2/12/99
Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
Act No.
On the commencement of section 4(1) of the
Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999--
(a) Met Train 2 is abolished;
5 (b) all directors of Met Train 2 go out of
office;
(c) the chief executive officer of Met
Train 2 goes out of office;
(d) the Public Transport Corporation
10 established under Part II of the
Transport Act 1983 becomes the
successor in law of Met Train 2.
111. Abolition of Met Tram 1
On the commencement of section 5(1) of the
15 Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999--
(a) Met Tram 1 is abolished;
(b) all directors of Met Tram 1 go out of
office;
20 (c) the chief executive officer of Met
Tram 1 goes out of office;
(d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
25 successor in law of Met Tram 1.
112. Abolition of Met Tram 2
On the commencement of section 6(1) of the
Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999--
30
(a) Met Tram 2 is abolished;
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Act No.
(b) all directors of Met Tram 2 go out of
office;
(c) the chief executive officer of Met
Tram 2 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 Met Tram 2.
113. Abolition of V/Line Passenger Corporation
10 On the commencement of section 7(1) of the
Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999--
(a) V/Line Passenger Corporation is
abolished;
15 (b) all directors of V/Line Passenger
Corporation go out of office;
(c) the chief executive officer of V/Line
Passenger Corporation goes out of
office;
20 (d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
successor in law of V/Line Passenger
Corporation.".
25 9. Minor amendments
(1) In section 3(1) of the Rail Corporations Act
1996, in the definition of "rail transport service",
after "Corporation," insert "the Spencer Street
Station Authority,".
30 (2) In section 38O(1) of the Rail Corporations Act
1996, after "rail" (where first occurring) insert "or
tram".
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
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Act No.
(3) The Rail Corporations Act 1996 is amended as
follows--
(a) section 60(6)(a) is repealed;
(b) section 60(6)(c) is repealed;
5 (c) section 61(3)(a) is repealed;
(d) section 61(3)(d) is repealed;
(e) section 61(3)(e) is repealed;
(f) section 62(4)(a) is repealed;
(g) section 62(4)(d) is repealed;
10 (h) section 62(4)(e) is repealed;
(i) section 63(4)(b) is repealed;
(j) section 64(2)(a) is repealed;
(k) section 64(2)(d) is repealed;
(l) section 64(2)(e) is repealed;
15 (m) in section 64(2)(i), omit "(a),";
(n) in section 64(2)(i), omit "(d),";
(o) in section 64(2)(i), omit "(e),";
(p) section 65(2)(a) is repealed;
(q) in section 65(2)(d), omit "(a),";
20 (r) section 66(4)(a) is repealed;
(s) section 66(4)(b) is repealed;
(t) section 67(3)(a) is repealed;
(u) section 67(3)(d) is repealed;
(v) section 67(3)(e) is repealed;
25 (w) in section 67(3)(i), omit "(a),";
(x) in section 67(3)(i), omit "(d),";
(y) in section 67(3)(i), omit "(e),".
8
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Amendments) Act 1999
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Act No.
_______________
9
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
s. 10
Act No.
PART 3--AMENDMENTS TO THE TRANSPORT ACT 1983
10. Power to arrest suspected offenders
No. 9921. In section 219 of the Transport Act 1983, for
Reprint No. 6
sub-section (1AA) substitute--
as at 1 July
1998. Further
5 '(1A) In this section--
amended by
Nos 85/1998,
"relevant employee", in relation to the
98/1998,
99/1998, Department, means an employee in the
102/1998,
Department employed under Part 3 of
6/1999 and
45/1999. the Public Sector Management and
10 Employment Act 1998 who--
(a) immediately before their
employment under that Part, was
an officer of the Public Transport
Corporation; or
15 (b) is authorised in writing by the
Secretary either generally or in a
particular case for the purposes of
this section.'.
11. Power to remove offenders
20 In section 220(1) of the Transport Act 1983, for
the definition of "relevant employee" substitute--
' "relevant employee", in relation to the
Department, means an employee in the
Department employed under Part 3 of the
25 Public Sector Management and
Employment Act 1998 who--
(a) immediately before their employment
under that Part, was an officer of the
Public Transport Corporation; or
30 (b) is authorised in writing by the Secretary
either generally or in a particular case
for the purposes of this section.'.
10
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
s. 12
Act No.
12. Minor amendments
(1) In section 2(1) of the Transport Act 1983, in the
definition of "passenger transport company"--
(a) paragraph (b) is repealed;
5 (b) in paragraph (c), omit "Met Train 1";
(c) in paragraph (c), omit "and Met Train 2";
(d) paragraph (c) is repealed;
(e) in paragraph (d), omit "Met Tram 1";
(f) in paragraph (d), omit "and Met Tram 2";
10 (g) paragraph (d) is repealed.
(2) In section 2(1) of the Transport Act 1983, in the
definition of "rail freight operator", paragraph (a)
is repealed.
13. Statute law revision
15 (1) In section 208 of the Transport Act 1983, in
paragraph (b) of the definition of "safety work
infringement", for "93(6)" substitute "93(7)".
(2) In Part VII of the Transport Act 1983, for the
heading to Division 4 substitute "Division 4--
20 Ticket Offences".
(3) After section 221S of the Transport Act 1983
insert "Division 4AB--Further Offences".
(4) In section 228R(1)(a) of the Transport Act 1983,
after "renewal of accreditation" insert "by that
25 company".
_______________
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
s. 14
Act No.
PART 4--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
14. Borrowing and Investment Powers Act 1987
No. 13/1987. In Schedule 1 to the Borrowing and Investment
Reprint No. 5
5 Powers Act 1987--
as at
1 February
(a) item 8A is repealed;
1999. Further
amended by
(b) item 8B is repealed;
Nos 8/1999
and 45/1999.
(c) item 8C is repealed;
(d) item 8D is repealed;
10 (e) item 23B is repealed;
(f) item 23C is repealed.
15. Treasury Corporation of Victoria Act 1992
No. 80/1992. (1) In the definition of "public authority" in section
Reprint No. 2
36A of the Treasury Corporation of Victoria
as at
15 Act 1992--
20 August
1998. Further
(a) omit "Met Train 1,";
amended by
No. 98/1998.
(b) omit "Met Train 2,";
(c) omit "Met Tram 1,";
(d) omit "Met Tram 2,";
20 (e) omit "V/Line Freight,";
(f) omit "V/Line Passenger Corporation,".
(2) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992--
(a) omit the item relating to Met Train 1;
25 (b) omit the item relating to Met Train 2;
(c) omit the item relating to Met Tram 1;
(d) omit the item relating to Met Tram 2;
(e) omit the item relating to V/Line Freight;
12
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
s. 15
Act No.
(f) omit the item relating to V/Line Passenger
Corporation.
13
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Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
14
541025B.I1-2/12/99
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