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PARLIAMENT OF VICTORIA
Rail Corporations and Transport Acts
(Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--RAIL CORPORATIONS ACT 1996 3
3. Principal Act 3
4. Definitions 3
5. Train operators and tram operators 3
6. New section 3A inserted 4
3A. Spencer Street Station precinct 4
7. New Division 2F inserted 5
Division 2F--Spencer Street Station Authority 5
18ZG. Establishment 5
18ZH. Spencer Street Station Authority not to represent the
Crown 6
18ZI. Objective 6
18ZJ. Functions and powers 6
18ZK. Surrender or divesting of land of other bodies 8
18ZL. Grant of land to the Authority 9
18ZM. Acquisition of land 10
8. Access regime 10
9. Amendment of section 41 11
10. New section 46 substituted 11
46. Value of transferred property 11
11. Amendment of section 49 12
12. Amendment of sections 61 and 62 12
13. Assets of certain operators 12
14. Prohibited interests 13
15. New Schedule 2 inserted 15
SCHEDULE 2--Spencer Street Station Precinct 15
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Clause Page
PART 3--TRANSPORT ACT 1983 16
16. Principal Act 16
17. Definitions 16
18. Director of Public Transport 18
19. Priority of passenger services 18
20. Regulations 19
21. Guarantees 19
22. Amendment of definition in section 86 20
23. Power to arrest suspected offenders 20
24. Power to remove offenders 21
25. Travelling without a valid ticket 23
26. Conditions to which tickets are subject 24
27. New Division 4AA of Part VII inserted 24
Division 4AA--Authorisation of persons for the purposes of
enforcement 24
221A. Definition 24
221B. Application for authorisation 24
221C. Authorisation 25
221D. Conditions of authorisation 26
221E. Change of conditions 26
221F. Non-compliance with a condition 26
221G. Application for renewal of authorisation 27
221H. Renewal of authorisation 27
221I. Issue of identity cards 28
221J. Inquiries into conduct of authorised persons 29
221K. Effect of suspension 30
221L. Revocation of authorisation 30
221M. Tribunal reviews 31
221N. Authorisations cease to exist in certain circumstances 32
221O. Return of identity cards 32
221P. Lost, stolen or destroyed identity cards to be reported 33
221Q. Replacement of identity cards 33
221R. Offence to falsely represent oneself as an authorised
person 33
221S. Application by proposed employee 33
28. Hindrance of officers etc. 34
29. False reports to officers 34
30. Prosecutions 35
31. Extension of evidentiary provisions to bus companies and rail
corporations 35
32. New section 246C inserted 36
246C. Rail Corporations and Transport Acts (Amendment)
Act 1999 36
33. New sections 246D and 246E inserted 37
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Clause Page
246D. Temporary authorisations for the purposes of Division
4AA of Part VII 37
246E. Temporary authorisation for the purposes of sections
211 and 218B 38
34. New sections 251A and 251B inserted 39
251A. Sale of lost property found in or on public transport
property 40
251B. Nuisances and noise emissions 41
PART 4--PUBLIC TRANSPORT COMPETITION ACT 1995 44
35. Director of Public Transport 44
36. No compensation payable 44
37. Supreme Court--limitation of jurisdiction 45
PART 5--RAIL CORPORATIONS (AMENDMENT) ACT 1997 46
38. Repeal of proposed authorised persons provisions 46
39. Extension of accreditation provisions to bus companies 46
40. Passenger transport companies and bus companies to comply
with conditions 47
228DA. Passenger transport companies and bus companies to
comply with conditions 48
41. Audit of accredited companies 48
228HA. Secretary may audit certain books and records of
accredited companies to ensure compliance with
conditions 48
42. Supervision of accredited companies 48
PART 6--RAIL CORPORATIONS (FURTHER AMENDMENT)
ACT 1998 50
43. Extension of enforcement provisions to bus companies 50
44. Repeal of proposed amendments to powers to remove offenders 51
45. Repeal of proposed amendment to Office of the Regulator-
General Act 1994 51
PART 7--AMENDMENT OF OTHER ACTS 52
46. Amendment of Borrowing and Investment Powers Act 1987 52
47. Amendment of Docklands Authority Act 1991 52
48. Melbourne City Link Act 1995 52
49. Office of the Regulator-General Act 1994 53
NOTES 54
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
Initiated in Assembly 5 May 1999
As amended by Assembly 28 May 1999
A BILL
to amend the Rail Corporations Act 1996, the Transport Act 1983,
the Public Transport Competition Act 1995 and certain other Acts
and for other purposes.
Rail Corporations and Transport Acts
(Amendment) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to establish the Spencer Street Station
5 Authority; and
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s. 2
Act No.
(b) to make further amendments to the Rail
Corporations Act 1996; and
(c) to extend the operation of Part VII of the
Transport Act 1983 to bus companies; and
5 (d) to make further provision for authorised
persons under Part VII of the Transport Act
1983.
2. Commencement
(1) This Part, Parts 4, 5 and 6 and section 48 come
10 into operation on 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 July 2000, it
comes into operation on that day.
_______________
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Rail Corporations and Transport Acts (Amendment) Act 1999
s. 3
Act No.
PART 2--RAIL CORPORATIONS ACT 1996
No. 79/1996.
3. Principal Act
Reprint No. 1
In this Part, the Rail Corporations Act 1996 is as at 29 April
1999. Further
called the Principal Act. amended by
Nos 104/1997,
47/1998 and
98/1998.
5 4. Definitions
(1) In section 3(1) of the Principal Act--
(a) in the definition of "rail corporation" after
"Rail Track" insert "or Spencer Street
Station Authority";
10 (b) in the definition of "relevant date", for "the
date fixed" substitute "the date, or the date
and time, fixed".
(2) In section 3(1) of the Principal Act insert--
' "precinct" means the Spencer Street Station
15 precinct referred to in section 3A;
"public statutory body", in Division 2F of
Part 2, means a body established by or under
an Act for a public purpose or a municipal
council;'.
20 5. Train operators and tram operators
In section 3 of the Principal Act, for sub-sections
(2) and (3) substitute--
"(2) The Governor in Council, by Order
published in the Government Gazette, may
25 declare that a specified body corporate,
being a body corporate that--
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(a) is a party to a lease of rail infrastructure
by the Director acting on behalf of the
Crown or the Public Transport
Corporation or Rail Track or the
5 Spencer Street Station Authority; or
(b) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
by that body corporate of a passenger
10 service--
is, on and from a specified date, a train
operator for the purposes of a specified
provision of this Act.
(3) The Governor in Council, by Order
15 published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that--
(a) is a party to a lease of tram
infrastructure by the Director acting on
20 behalf of the Crown or the Public
Transport Corporation or Rail Track or
the Spencer Street Station Authority; or
(b) is a party to a contract with the
Secretary or the Director acting on
25 behalf of the Crown for the provision
by that body corporate of a passenger
service--
is, on and from a specified date, a tram
operator for the purposes of a specified
30 provision of this Act.".
6. New section 3A inserted
After section 3 of the Principal Act insert--
"3A. Spencer Street Station precinct
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The Spencer Street Station precinct is the
land shown hatched on the plan in
Schedule 2.".
7. New Division 2F inserted
5 After Division 2E of Part 2 of the Principal Act
insert--
"Division 2F--Spencer Street Station
Authority
18ZG. Establishment
10 (1) Spencer Street Station Authority is
established.
(2) The Spencer Street Station Authority--
(a) is a body corporate with perpetual
succession;
15 (b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real
and personal property;
(e) may do and suffer all acts and things
20 that a body corporate may by law do
and suffer.
(3) All courts must take judicial notice of the
seal of the Spencer Street Station Authority
affixed to a document and, until the contrary
25 is proved, must presume that it was duly
affixed.
(4) The official seal of the Spencer Street
Station Authority must be kept in such
custody as the Authority directs and must not
30 be used except as authorised by the
Authority.
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18ZH. Spencer Street Station Authority not to
represent the Crown
The Spencer Street Station Authority is a
public authority but does not represent the
5 Crown.
18ZI. Objective
The principal objective of the Spencer Street
Station Authority is to perform its functions
in an efficient and commercial manner.
10 18ZJ. Functions and powers
(1) The functions of the Spencer Street Station
Authority are--
(a) to manage the precinct and the
development, or redevelopment, of the
15 precinct for transport purposes and
related purposes, including commercial
or public purposes; and
(b) to monitor the requirements and likely
future requirements for transport
20 facilities at the precinct; and
(c) any other functions conferred on the
Authority by this or any other Act.
(2) In performing its functions, the Authority
must ensure that development or
25 redevelopment of the precinct is carried out
so that there is no more interference with
transport operations at the precinct than is
reasonably necessary.
(3) The Authority--
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(a) may enter into contracts, agreements,
leases and licences for the carrying out
of its functions;
(b) may acquire land or an interest in land;
5 (c) may, with the approval of the Minister,
dispose of land or an interest in land;
(d) may acquire an interest in rail
infrastructure or tram infrastructure;
(e) may engage agents or consultants;
10 (f) may act as an agent of another person;
(g) may do all things necessary or
convenient to be done for, or in
connection with, carrying out its
functions or achieving its objectives.
15 (4) Without limiting the generality of the
functions and powers conferred on it, the
Authority--
(a) may form, or participate in the
formation of, or be a member of
20 companies;
(b) may form, or participate in the
formation of, and may participate in,
partnerships, trusts, unincorporated
joint ventures and other arrangements
25 for the sharing of profits;
(c) may act as trustee;
(d) may engage in any business,
undertaking or activity incidental to the
performance of its functions;
30 (e) may make its staff and land and other
property vested in or managed by it
available for engagement or use by
other persons.
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(5) The Authority may, with the approval or at
the direction of the Minister, cease to
perform all or any of its functions.
18ZK. Surrender or divesting of land of other
5 bodies
(1) The Governor in Council, by Order
published in the Government Gazette--
(a) may require a public statutory body in
which land forming part of the precinct
10 is vested to surrender it to the Crown;
or
(b) may divest land forming part of the
precinct from a public statutory body--
so that the land can be granted to the Spencer
15 Street Station Authority to be developed.
(2) A public statutory body must comply with a
requirement under sub-section (1)(a).
(3) On--
(a) the conveyance to the Crown or the
20 registration of an instrument of transfer
and surrender to the Crown of land that
a public statutory body is required to
surrender under sub-section (1)(a); or
(b) the publication in the Government
25 Gazette of an Order under sub-section
(1)(b)--
the land concerned is deemed to be
unalienated land of the Crown and, subject to
sub-section (4), is freed and discharged from
30 all limitations.
(4) The divesting or surrender of land under this
section does not affect any reservation of the
land under the Crown Land (Reserves) Act
1978.
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(5) The Governor in Council may, by Order
published in the Government Gazette, make
any amendments to any land description in
any Act or subordinate instrument that are
5 necessary because of the divesting or
surrender of land under this section.
(6) A power may only be exercised under sub-
section (1) or (5) on the joint
recommendation of the Minister and the
10 Minister administering the Act under which
the public statutory body is created.
18ZL. Grant of land to the Authority
(1) The Governor in Council on behalf of the
Crown may grant to the Spencer Street
15 Station Authority for an estate in fee
simple--
(a) land divested or surrendered under this
Division;
(b) any other land in the precinct that is or
20 is deemed to be unalienated land of the
Crown and is not reserved under the
Crown Land (Reserves) Act 1978.
(2) As a condition of granting land to the
Authority, the Minister may require it to
25 agree to pay into the Consolidated Fund or,
if the land was surrendered by or divested
from a public statutory body, to that body,
the net proceeds of any sale of that land by
the Authority, less any holding and selling
30 costs.
(3) The grant--
(a) must be limited to a depth not greater
than 60 metres below the surface of the
land; and
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(b) may contain any other terms,
covenants, conditions, reservations,
exceptions, trusts or limitations that the
Governor in Council determines.
5 (4) Land may be granted to the Authority with
or without consideration being given by the
Authority.
18ZM. Acquisition of land
(1) The Spencer Street Station Authority may
10 acquire by agreement an interest in land on
any terms (including consideration) that it
considers appropriate.
(2) The Authority, with the Minister's approval,
may acquire an interest in land by
15 compulsory process.
(3) The Land Acquisition and Compensation
Act 1986 applies to sub-section (2) and for
that purpose--
(a) sub-section (2) is the special Act; and
20 (b) the Spencer Street Station Authority is
the Authority.
(4) In determining the amount of compensation
to be paid for the compulsory acquisition of
land by the Authority, no allowance is to be
25 made for the enhancement of the value of the
land attributable to any action of the
Authority.".
8. Access regime
In the Principal Act--
30 (a) in section 38D(b)(i), after "operates" insert
", or appoints an agent or contractor to
operate,";
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(b) in section 38D(b)(ii), after "carries out,"
insert "or appoints an agent or contractor to
carry out,";
(c) in section 38F(1), before "the person seeking
5 access" insert "the operator or";
(d) in section 38G(1)(b), omit "specifying the".
9. Amendment of section 41
(1) In section 41(1) of the Principal Act, after
"specified kind to" insert "another rail corporation
10 or".
(2) In section 41(4)(a) of the Principal Act, for "must"
substitute "may".
(3) After section 41(7) of the Principal Act insert--
"(7A) A direction under sub-section (6) or an
15 amendment under sub-section (7) in relation
to an allocation statement that would affect a
person nominated by the Minister under sub-
section (1) must not be given or made unless
the transferor and the transferee are, or are
20 wholly owned by, the State or a statutory
authority or have consented in writing to the
direction or amendment.".
10. New section 46 substituted
For section 46 of the Principal Act substitute--
25 "46. Value of transferred property
(1) If the relevant allocation statement gives the
value of property, rights or liabilities of the
transferor that are allocated to the transferee,
the value to the transferee of the property,
30 rights or liabilities is the value so given.
(2) If an agreement for the sale of the business
or assets of a rail corporation ascribes a
value to property, rights or liabilities
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s. 11
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allocated under an allocation statement, that
value is deemed to be consideration paid to,
or received by, the rail corporation.".
11. Amendment of section 49
5 In section 49 of the Principal Act, for "If,"
substitute "Unless an allocation statement
otherwise provides, if,".
12. Amendment of sections 61 and 62
(1) After section 61(3)(e) of the Principal Act
10 insert--
"(ea) Spencer Street Station Authority;".
(2) After section 62(4)(e) of the Principal Act
insert--
"(ea) Spencer Street Station Authority;".
15 13. Assets of certain operators
(1) After section 69(3)(c) of the Principal Act
insert--
"(d) a person specified in an agreement referred
to in sub-section (1) as a person to whom
20 this section applies.".
(2) In section 69(4)(b) of the Principal Act, after "Rail
Track," (where twice occurring) insert "Spencer
Street Station Authority,".
(3) In section 69(4) of the Principal Act, after
25 paragraph (b) insert--
"; or
(c) is the owner of, or has an interest in, rolling
stock used by a person who is a party to a
contract or lease referred to in paragraph (a)
30 or (b); or
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s. 14
Act No.
(d) provides services to a person who is a party
to a contract or lease referred to in paragraph
(a) or (b).".
(4) After section 70(2)(c) of the Principal Act
5 insert--
"(d) a person specified in an agreement referred
to in sub-section (1) as a person to whom
this section applies.".
(5) In section 70(3)(b) of the Principal Act, after "Rail
10 Track," (where twice occurring) insert "Spencer
Street Station Authority,".
(6) In section 70(3) of the Principal Act, after
paragraph (b) insert--
"; or
15 (c) is the owner of, or has an interest in, rolling
stock used by a person who is a party to a
contract or lease referred to in paragraph (a)
or (b); or
(d) provides services to a person who is a party
20 to a contract or lease referred to in paragraph
(a) or (b).".
14. Prohibited interests
(1) In section 92(2) of the Principal Act, for
"otherwise has a controlling interest in, the other
25 metropolitan train operator" substitute "has a
controlling interest in, another metropolitan train
operator, unless the operators are engaged in the
same metropolitan business".
(2) In section 92(3) of the Principal Act, for
30 "otherwise has a controlling interest in, the other
metropolitan tram operator" substitute "has a
controlling interest in, another metropolitan tram
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s. 14
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operator, unless the operators are engaged in the
same metropolitan business".
(3) In section 92 of the Principal Act, for sub-section
(4) substitute--
5 "(4) A person who has a controlling interest in a
metropolitan train operator holds a
prohibited interest if the person is entitled to
shares in or, because of section 86(d) has a
controlling interest in, another metropolitan
10 train operator, unless the operators are
engaged in the same metropolitan business.
(5) A person who has a controlling interest in a
metropolitan tram operator holds a
prohibited interest if the person is entitled to
15 shares in or, because of section 86(d) has a
controlling interest in, another metropolitan
tram operator, unless the operators are
engaged in the same metropolitan business.
(6) For the purposes of this section--
20 (a) a metropolitan train operator and
another metropolitan train operator; or
(b) a metropolitan tram operator and
another metropolitan tram operator--
are engaged in the same metropolitan
25 business if one operator provides passenger
services under a contract with the Secretary
or Director acting on behalf of the Crown
that are predominantly on infrastructure that
is subject to a lease entered into by the other
30 operator with the Director acting on behalf
of the Crown, the Public Transport
Corporation, Rail Track or the Spencer
Street Station Authority.".
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Act No.
15. New Schedule 2 inserted
After Schedule 1 of the Principal Act insert--
"SCHEDULE 2
SPENCER STREET STATION PRECINCT
5 ".
______________
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s. 16
Act No.
PART 3--TRANSPORT ACT 1983
16. Principal Act
No. 9921. In this Part, the Transport Act 1983 is called the
Reprint No. 6
Principal Act.
as at 1 July
1998. Further
amended by
Nos 85/1998,
98/1998,
99/1998,
102/1998 and
6/1999.
5 17. Definitions
(1) In section 2(1) of the Principal Act--
(a) after the definition of "bridge" insert--
' "bus company" means a person or body
that has entered into a contract with the
10 Crown, or the Secretary or the Director
on behalf of the Crown, for the
provision of any transport services
(including a service contract within the
meaning of the Public Transport
15 Competition Act 1995) but does not
include a person or body that is a
passenger transport company;';
(b) in the definition of "public transport
property", after "passenger service" insert
20 "or by a bus company in the provision of
transport services".
(2) In section 2 of the Principal Act, for sub-sections
(2C) and (2D) substitute--
"(2C) The Governor in Council, by Order
25 published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that--
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s. 17
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(a) is a party to a lease of rail infrastructure
(within the meaning of the Rail
Corporations Act 1996) by the
Director acting on behalf of the Crown
5 or the Public Transport Corporation or
Rail Track or the Spencer Street Station
Authority; or
(b) is a party to a contract with the
Secretary or the Director acting on
10 behalf of the Crown for the provision
by that body corporate of a passenger
service--
is, on and from a specified date, a train
operator for the purposes of a specified
15 provision of this Act.
(2D) The Governor in Council, by Order
published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that--
20 (a) is a party to a lease of tram
infrastructure (within the meaning of
the Rail Corporations Act 1996) by
the Director acting on behalf of the
Crown or the Public Transport
25 Corporation or Rail Track or the
Spencer Street Station Authority; or
(b) is a party to a contract with the
Secretary or the Director acting on
behalf of the Crown for the provision
30 by that body corporate of a passenger
service--
is, on and from a specified date, a tram
operator for the purposes of a specified
provision of this Act.".
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Act No.
18. Director of Public Transport
In section 9(4) of the Principal Act, after
paragraph (c) insert--
"(ca) enter into a service contract under Part 3 of
5 the Public Transport Competition Act
1995;".
19. Priority of passenger services
(1) In section 10(1) of the Principal Act--
(a) in paragraph (c), after "use of" insert "rail
10 transport services or";
(b) in paragraph (d), after "to those" insert "rail
transport services or";
(c) in paragraph (e), after "provide those" insert
"rail transport services or".
15 (2) In section 10(2) of the Principal Act--
(a) in paragraph (a), for "declared rail transport
services" substitute "rail transport services
or declared rail transport services";
(b) in paragraph (b), for "declared rail transport
20 services" substitute "rail transport services
or declared rail transport services (as the
case may be)".
(3) In section 10(3) of the Principal Act, in
paragraphs (a) and (b), for "declared rail transport
25 services" substitute "rail transport services or
declared rail transport services".
18
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Act No.
20. Regulations
(1) In section 56(1) of the Principal Act--
(a) after paragraph (b) insert--
"(ba) regulating the conduct of persons in
5 any vehicle belonging to or under the
control of a bus company;";
(b) after paragraph (c) insert--
"(ca) preventing interference with or damage
to any vehicle belonging to or under the
10 control of a bus company;";
(c) in paragraph (r), for "Division 4A"
(wherever occurring) substitute "Division 4,
4AA or 4A".
(2) In section 56(3) of the Principal Act--
15 (a) in paragraph (d), after "or passenger
transport company" insert "or bus
company";
(b) in paragraph (f), after "or passenger transport
company" (wherever occurring) insert "or
20 bus company".
(3) In section 56(3A) of the Principal Act, after
paragraph (a) insert--
"(ab) a bus company is a reference to such a
company only in its capacity as a provider of
25 transport services; and".
21. Guarantees
In section 77 of the Principal Act, after sub-
section (1) insert--
"(1A) The Minister administering Part 7 of the
30 Financial Management Act 1994 may
execute a guarantee in favour of any person
guaranteeing the due performance of any
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s. 22
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obligations of any person to whom the rights
and liabilities of a Corporation arising under
a contract entered into by that Corporation
with the first-mentioned person pursuant to
5 this Act have been assigned.
(1B) Where the rights and liabilities of a
Corporation arising under a contract entered
into by that Corporation with a person
pursuant to this Act have been assigned with
10 the approval of the Minister administering
Part 7 of the Financial Management Act
1994 to another person, that Minister may
amend any guarantee given by him or her
under this section in respect of that contract
15 so that it extends to guaranteeing the due
performance of any obligations of that other
person under that contract.".
22. Amendment of definition in section 86
In section 86(1) of the Principal Act, in paragraph
20 (b)(ii) and (d) of the definition of "public
commercial passenger vehicle", for "approved
pursuant to section 141(2)" substitute "approved
by the Secretary".
23. Power to arrest suspected offenders
25 (1) In section 219 of the Principal Act, before sub-
section (1) insert--
'(1AA) In this section--
"relevant employee", in relation to the
Department, means an employee in the
30 Department employed under Part 3 of
the Public Sector Management and
Employment Act 1998 who,
immediately before their employment
under that Part, was an officer of the
35 Public Transport Corporation.'.
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(2) In section 219(1) of the Principal Act, after
"Corporation" insert "or a relevant employee of
the Department".
(3) In section 219(2) of the Principal Act, for "or
5 agent" (where twice occurring) substitute ", agent
or relevant employee".
(4) In section 219(3) of the Principal Act, for "or
agent" substitute ", agent or relevant employee".
24. Power to remove offenders
10 (1) In section 220 of the Principal Act, for sub-section
(1) substitute--
'(1) In this section--
"authorised person" means a person who is
employed or engaged by a passenger
15 transport company or bus company and
who is authorised in writing by the
Secretary either generally or in a
particular case for the purposes of this
section;
20 "relevant employee", in relation to the
Department, means an employee in the
Department employed under Part 3 of
the Public Sector Management and
Employment Act 1998 who,
25 immediately before their employment
under that Part, was an officer of the
Public Transport Corporation.
(1A) A member of the police force, an officer or
agent of the Public Transport Corporation, a
30 relevant employee of the Department or an
authorised person may summarily remove a
person and the person's property (if any)
from--
(a) any vehicle owned or operated by or on
35 behalf of the Public Transport
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Corporation, a passenger transport
company or a bus company; or
(b) any premises or property of the Public
Transport Corporation or a passenger
5 transport company--
in the circumstances referred to in sub-
section (1B).
(1B) For the purposes of sub-section (1A), the
circumstances are--
10 (a) in the case of a member of the police
force or an officer or agent of the
Public Transport Corporation or a
relevant employee of the Department, if
he or she believes on reasonable
15 grounds that the person is committing
an offence against this Act or the
regulations; and
(b) in the case of an authorised person, if
he or she believes on reasonable
20 grounds that the person is committing
an offence against this Part or against
any regulation made under this Part or
section 56 or section 249B; and
(c) that the commission of the offence is or
25 is likely to be attended with--
(i) danger or annoyance to the public;
or
(ii) hindrance to any member of the
police force, or any of the officers
30 or agents of the Public Transport
Corporation or any relevant
employee of the Department or
any employee of, or person
engaged by, a passenger transport
35 company or bus company--
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in lawful use of the vehicle, premises or
property.
(1C) In addition to the power to summarily
remove a person in accordance with sub-
5 section (1A), a member of the police force,
an officer or agent of the Public Transport
Corporation, a relevant employee of the
Department or an authorised person may
take such other action as is necessary to
10 obviate or remove any danger, annoyance or
hindrance of the kind referred to in sub-
section (1B)(c).'.
(2) In section 220(2) of the Principal Act--
(a) after "Corporation" insert "or a relevant
15 employee of the Department or an authorised
person";
(b) for "sub-section (1)" substitute "sub-section
(1A) or (1C)".
(3) In section 220(4) of the Principal Act, for "sub-
20 section (1)" substitute "sub-section (1A) or (1C)".
(4) In section 220 of the Principal Act, after sub-
section (5) insert--
"(6) An authorised person may only exercise
powers under this section in relation to
25 offences or suspected offences relating to a
passenger transport company or bus
company committed, or that the authorised
person believes were committed, on or in
relation to public transport property of that
30 passenger transport company or bus
company (as the case requires).".
25. Travelling without a valid ticket
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(1) In section 221(1) of the Principal Act, for
paragraph (a) substitute--
'(a) "carriage" means any passenger vehicle
operated by or on behalf of a passenger
5 transport company or bus company;'.
(2) In section 221(6) and (7) of Principal Act, after "a
passenger transport company" insert "or bus
company".
26. Conditions to which tickets are subject
10 In section 221 of the Principal Act--
(a) in sub-section (1A)--
(i) after "company" insert "or bus
company";
(ii) in paragraph (a), for "by it" substitute
15 "by or on behalf of it";
(b) in sub-section (1B), for "by a passenger
transport company" substitute "by or on
behalf of a passenger transport company or
bus company".
20 27. New Division 4AA of Part VII inserted
After section 221 of the Principal Act insert--
'Division 4AA--Authorisation of persons for
the purposes of enforcement
221A. Definition
25 In this Division--
"relevant provision" means section
219AA, 220 or 221.
221B. Application for authorisation
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(1) A person may apply to the Secretary to be
authorised under a relevant provision.
(2) An application--
(a) must be in the manner and form
5 determined by the Secretary;
(b) must be accompanied by--
(i) the prescribed application fee, if
any;
(ii) any other things that are
10 prescribed.
(3) The Secretary may require an applicant--
(a) to furnish his or her date of birth,
address and any further information
specified by the Secretary; or
15 (b) to verify, by statutory declaration,
information furnished for the purposes
of the application.
221C. Authorisation
(1) Subject to sub-section (2), the Secretary may
20 give a person an authorisation under a
relevant provision for a period not exceeding
the prescribed period.
(2) The Secretary may only give an
authorisation under a relevant provision if
25 the Secretary is satisfied that the person--
(a) is competent to exercise the functions
conferred on an authorised person by
the relevant provision; and
(b) is of good repute, having regard to
30 character, honesty and integrity; and
(c) has agreed in writing to exercise the
functions conferred on an authorised
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person by the relevant provision
according to performance criteria
established from time to time by the
Secretary; and
5 (d) in the case of a person who is employed
or engaged by a passenger transport
company or bus company, is employed
or engaged by a passenger transport
company or bus company that is
10 accredited by the Secretary under
Division 4A of Part VII for the
purposes of the relevant provision.
221D. Conditions of authorisation
(1) An authorisation under a relevant provision
15 is subject to--
(a) any prescribed condition;
(b) any other condition imposed by the
Secretary.
(2) Particulars of an authorisation and of the
20 conditions to which it is subject are to be
given by the Secretary to the person
authorised under the relevant provision.
221E. Change of conditions
(1) The Secretary may at any time vary or
25 revoke a condition of an authorisation or
impose a new condition.
(2) Particulars of any action taken under sub-
section (1) are to be given in writing by the
Secretary to the person authorised under the
30 relevant provision.
221F. Non-compliance with a condition
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A person authorised under a relevant
provision must comply with any condition to
which his or her authorisation is subject.
Penalty: 10 penalty units.
5 221G. Application for renewal of authorisation
(1) An authorised person may apply to the
Secretary for renewal of an authorisation
under a relevant provision.
(2) A renewal application--
10 (a) must be made in the manner and form
determined by the Secretary;
(b) must be accompanied by--
(i) the prescribed renewal application
fee, if any;
15 (ii) any other things that are
prescribed.
(3) A renewal application must be made not
later than the prescribed number of days
before the expiry of the authorisation.
20 (4) Despite sub-section (3), the Secretary may
consider a renewal application made later
than the time applying under sub-section (3)
if the applicant pays the prescribed late
renewal application fee (if any).
25 (5) The Secretary may refuse to consider a
renewal application made earlier than the
day prescribed for the purposes of this sub-
section.
221H. Renewal of authorisation
30 (1) The Secretary may renew or refuse to renew
an authorisation under a relevant provision.
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(2) On renewing an authorisation the Secretary
may--
(a) renew it as then in force; or
(b) vary or revoke any of the conditions to
5 which the authorisation is subject; or
(c) impose a new condition on the
authorisation.
(3) Particulars of the renewal of an authorisation
and of the conditions to which it is subject
10 are to be given in writing by the Secretary to
the authorised person.
(4) A renewed authorisation remains in force for
a period determined by the Secretary not
exceeding the prescribed period unless the
15 authorisation is sooner revoked.
(5) If the Secretary refuses to renew an
authorisation, the Secretary must notify the
authorised person in writing of the refusal
and the reasons for it.
20 221I. Issue of identity cards
(1) The Secretary must, on payment of the
prescribed fee (if any), issue an identity card
to any person authorised by him or her under
a relevant provision.
25 (2) An identity card under sub-section (1)
must--
(a) contain a photograph of the authorised
person; and
(b) contain the signature of the authorised
30 person; and
(c) be signed by an officer of the
Department authorised by the Secretary
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to do so either generally or in any
particular case.
(3) A person issued with an identity card under
sub-section (1) must produce it on being
5 requested to do so.
Penalty: 5 penalty units.
(4) Any action taken or thing done by an
authorised person is not invalidated by his or
her failure to produce his or her identity
10 card.
221J. Inquiries into conduct of authorised
persons
(1) The Secretary may hold an inquiry for the
purpose of determining whether a
15 circumstance referred to in section 221L has
occurred in relation to a person authorised
under a relevant provision.
(2) Whilst the Secretary is conducting an inquiry
under sub-section (1), the Secretary may
20 immediately suspend a person's authorisation
under the relevant provision during the
period of the inquiry if the Secretary--
(a) considers it necessary to do so in the
interest of personal safety of
25 passengers; or
(b) believes, on reasonable grounds, that
the person has not exercised his or her
power under the relevant provision in
an appropriate manner.
30 (3) If, following the inquiry, the Secretary is
satisfied that a circumstance referred to in
section 221L has occurred in relation to the
person authorised under the relevant
provision, the Secretary may--
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(a) reprimand the person;
(b) warn the person that should the
circumstance occur again in relation to
him or her, the person's authorisation
5 may be revoked;
(c) impose one or more new conditions on
the authorisation;
(d) suspend the authorisation for a
specified period or until a specified
10 event or until a further determination
made by the Secretary;
(e) revoke the authorisation immediately or
with effect from a specified later date.
221K. Effect of suspension
15 A person whose authorisation under a
relevant provision is suspended under
section 221J is not authorised during the
period of suspension.
221L. Revocation of authorisation
20 The Secretary may at any time, by written
notice served on the authorised person,
revoke an authorisation under a relevant
provision if satisfied that--
(a) the authorised person has on any
25 occasion in exercising his or her
functions acted unreasonably or abused
his or her power; or
(b) the authorised person has been
convicted or found guilty of an offence
30 of a kind that, in the opinion of the
Secretary, renders it inappropriate that
he or she continue as an authorised
person; or
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(c) the authorised person has, in
connection with the granting of the
authorisation, given false or misleading
information;
5 (d) the authorised person has not complied
with a condition to which his or her
authorisation is subject.
221M. Tribunal reviews
(1) A person may apply to the Tribunal for
10 review of a decision of the Secretary in
relation to--
(a) an application for an authorisation
under a relevant provision or renewal
of an authorisation under a relevant
15 provision by that person; or
(b) that person's authorisation under a
relevant provision; or
(c) that person.
(2) An application for review must be made
20 within 28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the authorised person requests a
25 statement of reasons for the decision,
the day on which the statement of
reasons is given to the authorised
person or the authorised person is
informed under section 46(5) of that
30 Act that a statement of reasons will not
be given.
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221N. Authorisations cease to exist in certain
circumstances
An authorisation under a relevant provision
ceases to exist by force of this section if--
5 (a) the passenger transport company or bus
company by which the authorised
person is employed or engaged ceases
to be accredited under Division 4A of
Part VII for the purposes of the relevant
10 provision; or
(b) the authorised person ceases to be
employed or engaged by a passenger
transport company or bus company that
is accredited under Division 4A of
15 Part VII for the purposes of the relevant
provision.
221O. Return of identity cards
(1) If a person's authorisation under a relevant
provision--
20 (a) is revoked by the Secretary under
section 221L; or
(b) ceases to exist by force of
section 221N--
the person must immediately deliver to the
25 Secretary the identity card issued to him or
her under section 221I(1).
Penalty: 10 penalty units.
(2) If an identity card issued to a person under
section 221I(1)--
30 (a) becomes illegible; or
(b) is altered; or
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(c) is defaced--
the person issued with that identity card must
immediately deliver the identity card to the
Secretary.
5 Penalty: 10 penalty units.
221P. Lost, stolen or destroyed identity cards to be
reported
If an identity card issued to a person under
section 221I(1) is lost, stolen or destroyed,
10 the person issued with that identity card must
immediately notify, in writing, the Secretary
of that fact.
Penalty: 10 penalty units.
221Q. Replacement of identity cards
15 The Secretary, on the payment of the
prescribed fee (if any), may issue a new
identity card to an authorised person if the
Secretary is satisfied that the identity card
issued to that person under section 221I(1)--
20 (a) is illegible;
(b) has been altered or defaced; or
(c) has been lost, stolen or destroyed.
221R. Offence to falsely represent oneself as an
authorised person
25 A person must not falsely represent himself
or herself to be an authorised person under a
relevant provision.
Penalty: 10 penalty units.
221S. Application by proposed employee
30 (1) A person who is seeking, or proposing to
seek, to become employed or engaged by a
passenger transport company or bus
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company may apply to the Secretary for a
certificate as to whether or not, in the
opinion of the Secretary, that person meets
the criteria specified in section 221C(2)(a)
5 and (b).
(2) An application--
(a) must be made in the manner and form
determined by the Secretary;
(b) must be accompanied by--
10 (i) the prescribed application fee, if
any;
(ii) any other things that are
prescribed.
(3) The Secretary may require an applicant--
15 (a) to furnish further information specified
by the Secretary; or
(b) to verify, by statutory declaration,
information furnished for the purposes
of the application.'.
20 28. Hindrance of officers etc.
In section 225 of the Principal Act--
(a) in paragraph (a), after "the Department"
insert "or an authorised officer (within the
meaning of section 211 or 218B)";
25 (b) in paragraph (b), after "agent" insert "or
authorised officer".
29. False reports to officers
In section 225A of the Principal Act, after "the
Department" insert "or an authorised officer
30 (within the meaning of section 211 or 218B)".
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30. Prosecutions
In section 229 of the Principal Act, for sub-section
(1A) substitute--
"(1A) A proceeding for any other summary offence
5 or for an indictable offence triable
summarily may--
(a) if the offence is alleged to have been
committed on property owned or
occupied by a Corporation, only be
10 brought by a member of the police
force or a person authorised by that
Corporation either generally or in a
particular case; or
(b) if the offence is alleged to have been
15 committed on public transport property
of a passenger transport company, only
be brought by a member of the police
force or a person authorised in writing
by the Secretary either generally or in a
20 particular case for the purposes of this
section.".
31. Extension of evidentiary provisions to bus companies
and rail corporations
(1) In section 230(2) of the Principal Act--
25 (a) for "or a passenger transport company"
substitute ", a passenger transport company,
a bus company or a rail corporation";
(b) for "or company" substitute ", that company
or the rail corporation (as the case requires)".
30 (2) In section 230(3A) of the Principal Act--
(a) after "by a passenger transport company"
insert ", a bus company or a rail
corporation";
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(b) for "the company" substitute "that company
or the rail corporation (as the case requires)";
(c) for "or company" substitute "or that
company or rail corporation".
5 (3) In section 230(4) of the Principal Act--
(a) after "by a passenger transport company"
insert ", a bus company or a rail
corporation";
(b) for "or of the company" substitute "or of the
10 passenger transport company, the bus
company or the rail corporation".
(4) In section 230(5) of the Principal Act--
(a) for "or a passenger transport company"
substitute ", a passenger transport company,
15 a bus company or a rail corporation";
(b) for "or company" substitute "or that
company or the rail corporation (as the case
requires)".
32. New section 246C inserted
20 After section 246B of the Principal Act insert--
"246C. Rail Corporations and Transport Acts
(Amendment) Act 1999
(1) Subject to sub-section (3) and (4), any
officer or employee of the Public Transport
25 Corporation who, immediately before their
transfer under Division 3 of Part 3 of the
Rail Corporations Act 1996 to another
passenger transport company, was authorised
under section 211, 218B, 221 or 229
30 continues, on and from that transfer, to be
authorised under that provision, for a period
of 12 months after the date of that transfer or
until they cease to be an employee of a
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passenger transport company (whichever
occurs sooner).
(2) Subject to sub-section (3), a person
employed in the Department under Part 3 of
5 the Public Sector Management and
Employment Act 1998 who, immediately
before their employment under that Part, was
an officer of the Public Transport
Corporation authorised under section 211,
10 218B, 221 or 229 continues, on and from
their date of employment under that Part, to
be authorised under those provisions, for a
period of 12 months after that date or until
they cease to be employed in the Department
15 under that Part (whichever occurs sooner).
(3) The Secretary may at any time, in writing,
revoke or suspend an authorisation that has
continued by force of this section.
(4) On or after the transfer of a person to whom
20 sub-section (1) applies, an authorisation of
that person--
(a) under section 211 ceases to be an
authorisation in relation to a transport
infringement; and
25 (b) under section 229 is only with respect
to a ticket offence.".
33. New sections 246D and 246E inserted
Before section 247 of the Principal Act insert--
'246D. Temporary authorisations for the purposes
30 of Division 4AA of Part VII
(1) Despite anything to the contrary in
Division 4AA of Part VII, the Secretary
may, in writing, temporarily authorise under
a relevant provision a person employed or
35 engaged by a passenger transport company
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or bus company for a period not extending
beyond the first anniversary of the
commencement of section 32 of the Rail
Corporations and Transport Acts
5 (Amendment) Act 1999.
(2) Without limiting sub-section (1), the
Secretary may give a temporary
authorisation to a person--
(a) without any application having been
10 made by the person for an
authorisation; and
(b) without any need to be satisfied of any
matter referred to in section 221C(2);
and
15 (c) without any need to issue to the person
an identity card under section 221I(1).
(3) A temporary authorisation given under sub-
section (1) remains in force for the period for
which it is given unless--
20 (a) it is sooner revoked, in writing, by the
Secretary; or
(b) the person authorised under the relevant
provision ceases to be an employee or
engaged by a passenger transport
25 company or bus company before the
expiry of that period.
(4) The Secretary may at any time, in writing,
suspend an authorisation given under sub-
section (1).
30 (5) In this section, "relevant provision" has the
same meaning as in section 221A.
246E. Temporary authorisation for the purposes
of sections 211 and 218B
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(1) Despite anything to the contrary in
section 211 or 218B, the Secretary may, in
writing, temporarily authorise under either or
both provisions a person employed or
5 engaged by a passenger transport company
or bus company for a period not extending
beyond the first anniversary of the
commencement of section 32 of the Rail
Corporations and Transport Acts
10 (Amendment) Act 1999.
(2) Without limiting sub-section (1), the
Secretary may give a temporary
authorisation to a person--
(a) without any need to be satisfied of any
15 matter referred to in section 211(3) or
218B(1B) (as the case requires); and
(b) without any need to issue to the person
an identity card under section 211(4) or
218B(1C) (as the case requires).
20 (3) A temporary authorisation given under sub-
section (1) remains in force for the period for
which it is given unless--
(a) it is sooner revoked, in writing, by the
Secretary; or
25 (b) the person ceases to be an employee or
engaged by a passenger transport
company or bus company before the
expiry of that period.
(4) The Secretary may at any time, in writing,
30 suspend an authorisation given under sub-
section (1).'.
34. New sections 251A and 251B inserted
After section 251 of the Principal Act insert--
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'251A. Sale of lost property found in or on public
transport property
(1) A person who finds lost property in or on
any public transport property of a passenger
5 transport company must deliver the lost
property to that passenger transport
company.
Penalty: 5 penalty units.
(2) A passenger transport company may sell or
10 dispose of--
(a) any lost property which is not claimed
and removed by the owner or the
person in charge of the lost property; or
(b) any goods left on a passenger transport
15 company's premises, after a reasonable
attempt has been made to contact the
owner or person to whom the goods
were consigned.
(3) A passenger transport company may sell or
20 dispose of--
(a) any goods or lost property likely to
deteriorate immediately; and
(b) all other goods or lost property after the
expiry of 60 days from the date the lost
25 property was found or the goods were
not claimed.
(4) If goods or lost property are sold by a
passenger transport company under this
section, the passenger transport company
30 may deduct from the proceeds of the sale the
expenses of the sale and any amounts for
freight, storage and other charges.
(5) The balance of the proceeds of the sale under
this section of any goods or lost property,
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after deduction of any amounts authorised by
sub-section (4) to be deducted from those
proceeds, must be dealt with as unclaimed
moneys in accordance with Part 3 of the
5 Unclaimed Moneys Act 1962.
(6) A purchaser of goods or lost property sold
under this section has good title in relation to
those goods or lost property.
(7) In this section--
10 "goods" means any goods delivered to a
passenger transport company to be
carried as freight and which are not
claimed and removed by or on behalf of
the owner or the person to whom the
15 goods were consigned;
"lost property" means any thing that
appears to have been accidentally or
deliberately abandoned by the owner or
person in charge of it in or on any
20 public transport property of a passenger
transport company but does not include
litter within the meaning of the Litter
Act 1987.
251B. Nuisances and noise emissions
25 (1) Any noise emanating from rolling stock--
(a) whilst the rolling stock is travelling on
a railway track or tramway track; or
(b) whilst the rolling stock is entering or
exiting a siding, yard, depot or
30 workshop; or
(c) whilst the rolling stock is in a siding,
yard, depot or workshop and is--
(i) powering up to commence to be
used in connection with the
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provision of a passenger service;
or
(ii) shutting down after being used in
connection with the provision of a
5 passenger service--
does not constitute a nuisance.
(2) Nothing in the Environment Protection Act
1970 or the Local Government Act 1989 or
any subordinate instrument within the
10 meaning of the Interpretation of
Legislation Act 1984 made under either of
those Acts applies in respect of noise
emanating from rolling stock--
(a) whilst the rolling stock is travelling on
15 a railway track or tramway track; or
(b) whilst the rolling stock is entering or
exiting a siding, yard, depot or
workshop; or
(c) whilst the rolling stock is in a siding,
20 yard, depot or workshop and is--
(i) powering up to commence to be
used in connection with the
provision of a passenger service;
or
25 (ii) shutting down after being used in
connection with the provision of a
passenger service.
(3) In this section--
"rolling stock" means any vehicle, used by
30 a passenger transport company for the
provision of a passenger service, that
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operates on or uses a railway track or
tramway track including a locomotive,
carriage, rail car, rail motor, light rail
vehicle, train, tram, light inspection
5 vehicle, road/rail vehicle, trolley and
wagon but not including a vehicle
designed to operate both on and off a
railway or tramway track when the
vehicle is not operating on a railway or
10 tramway track.'.
_______________
43
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Rail Corporations and Transport Acts (Amendment) Act 1999
s. 35
Act No.
PART 4--PUBLIC TRANSPORT COMPETITION ACT 1995
35. Director of Public Transport
No. 68/1995. (1) In section 26(2), (3), (4) and (5) of the Public
Reprint No. 1
Transport Competition Act 1995, after
as at
5 "Secretary" insert "or the Director".
22 October
1998. Further
(2) In section 27(3)(f) and (5) of the Public
amended by
No. 6/1999.
Transport Competition Act 1995, after
"Secretary" insert "or the Director".
(3) In section 28(3) of the Public Transport
10 Competition Act 1995, after "Secretary" insert
"or the Director".
(4) In section 29(1)(a) and (b) and (2) of the Public
Transport Competition Act 1995, after
"Secretary" insert "or the Director".
15 (5) In section 30(1), (2) and (4) of the Public
Transport Competition Act 1995, after
"Secretary" (wherever occurring) insert "or the
Director".
(6) In section 35 of the Public Transport
20 Competition Act 1995, at the end of the section
insert--
"(2) The Director may, by instrument, delegate
to--
(a) an officer or other person by name; or
25 (b) the holder of an office or position; or
(c) a body--
any power of the Director under this Act
other than this power of delegation.".
36. No compensation payable
30 After section 36(1) of the Public Transport
Competition Act 1995 insert--
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Rail Corporations and Transport Acts (Amendment) Act 1999
s. 37
Act No.
"(1A) No compensation is payable to any person in
respect of or as a consequence of any
decision of the Director under this Act--
(a) to enter into or not to enter into a
5 service contract with any person;
(b) not to renew a service contract;
(c) to vary, suspend or cancel a service
contract.".
37. Supreme Court--limitation of jurisdiction
10 In section 37 of the Public Transport
Competition Act 1995, at the end of the section
insert--
"(2) It is the intention of section 36(1A) to alter
or vary section 85 of the Constitution Act
15 1975.".
_______________
45
532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
s. 38
Act No.
PART 5--RAIL CORPORATIONS (AMENDMENT) ACT 1997
38. Repeal of proposed authorised persons provisions
No. 104/1997. Section 36 of the Rail Corporations
(Amendment) Act 1997 is repealed.
5 39. Extension of accreditation provisions to bus
companies
In section 37 of the Rail Corporations
(Amendment) Act 1997 in proposed new
Division 4A to be inserted in Part VII of the
10 Transport Act 1983--
(a) in proposed new section 228A(1)--
(i) after "A passenger transport company"
insert "or bus company";
(ii) for "section 221A" substitute
15 "Division 4AA of Part VII";
(b) in proposed new section 228B(a), for
"authorized" substitute "authorised";
(c) in proposed new section 228G(a), for
"authorized" substitute "authorised";
20 (d) in proposed new section 228I(3)(b)(i), after
"renewal application fee" insert ", if any";
(e) in proposed new section 228L(1), after
"passenger transport company" insert "or a
bus company";
25 (f) in proposed new section 228M, after "any
passenger transport company" insert "or bus
company";
(g) in proposed new section 228N(1) and (3),
after "passenger transport company" insert
30 "or bus company";
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532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
s. 40
Act No.
(h) in proposed new section 228N(2)--
(i) after "a passenger transport company"
insert "or bus company";
(ii) in paragraph (a), for "authorized"
5 substitute "authorised";
(i) in proposed new section 228P(1) and (3),
after "passenger transport company" insert
"or bus company";
(j) in proposed new section 228Q, after
10 "passenger transport company" insert "or
bus company";
(k) in proposed new section 228R(1)--
(i) after "passenger transport company"
(where first occurring) insert "or bus
15 company";
(ii) in paragraph (a), after "renewal of an
accreditation" insert "by that
company";
(iii) in paragraph (b), for "an" substitute
20 "that company's";
(iv) for paragraph (c) substitute--
"(c) that company.".
40. Passenger transport companies and bus companies to
comply with conditions
25 In section 37 of the Rail Corporations
(Amendment) Act 1997 in proposed new
Division 4A to be inserted in Part VII of the
Transport Act 1983, after proposed new
section 228D insert--
47
532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
s. 41
Act No.
"228DA. Passenger transport companies and bus
companies to comply with conditions
A passenger transport company or bus
company must not do, or omit to do,
5 anything that is in breach of a condition to
which its accreditation is subject.
Penalty: 100 penalty units.".
41. Audit of accredited companies
In section 37 of the Rail Corporations
10 (Amendment) Act 1997 in proposed new
Division 4A to be inserted in Part VII of the
Transport Act 1983, after proposed new
section 228H insert--
"228HA. Secretary may audit certain books and
15 records of accredited companies to ensure
compliance with conditions
(1) The regulations may require an accredited
company to keep books and records that will
enable the Secretary to determine whether
20 there has been compliance by the company
with the conditions to which its accreditation
is subject.
(2) The Secretary may, in accordance with the
regulations, audit all books and records
25 referred to in sub-section (1).
(3) In conducting an audit under sub-section (2),
the Secretary may, in the prescribed
circumstances, charge a fee that covers the
reasonable costs of conducting that audit.".
30 42. Supervision of accredited companies
In section 37 of the Rail Corporations
(Amendment) Act 1997 in proposed new
Division 4A to be inserted in Part VII of the
48
532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
s. 42
Act No.
Transport Act 1983, in proposed new
section 228N(2), after paragraph (a) insert--
"(ab) the company does, or omits to do, anything
that is in breach of a condition to which its
5 accreditation is subject; or".
_______________
49
532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
s. 43
Act No.
PART 6--RAIL CORPORATIONS (FURTHER AMENDMENT)
ACT 1998
43. Extension of enforcement provisions to bus
companies
No. 98/1998.
5 (1) In section 29 of the Rail Corporations (Further
Amendment) Act 1998, in proposed new
section 211(1) of the Transport Act 1983, in the
proposed new definition of "authorised officer"--
(a) in sub-paragraph (i) of paragraph (b), after
10 "passenger transport company" insert "or
bus company";
(b) omit sub-paragraph (iii) of paragraph (b).
(2) In section 31 of the Rail Corporations (Further
Amendment) Act 1998, in proposed new
15 section 218B(2A) of the Transport Act 1983,
after "a passenger transport company" insert "or
bus company".
(3) In section 32 of the Rail Corporations (Further
Amendment) Act 1998, in proposed new
20 section 219AA of the Transport Act 1983--
(a) in proposed new sub-section (1), after
"passenger transport company" insert "or
bus company";
(b) in proposed new sub-section (7)(a)--
25 (i) after "passenger transport company"
(where first occurring) insert "or bus
company";
(ii) after "passenger transport company"
(where secondly occurring) insert "or
30 bus company (as the case requires)".
(4) In section 36(1) of the Rail Corporations
(Further Amendment) Act 1998, in proposed
50
532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
s. 44
Act No.
new section 229(1AA) of the Transport Act
1983, after "passenger transport company" insert
"or a bus company".
44. Repeal of proposed amendments to powers to remove
5 offenders
Section 33 of the Rail Corporations (Further
Amendment) Act 1998 is repealed.
45. Repeal of proposed amendment to Office of the
Regulator-General Act 1994
10 Section 48 of the Rail Corporations (Further
Amendment) Act 1998 is repealed.
_______________
51
532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
s. 46
Act No.
PART 7--AMENDMENT OF OTHER ACTS
46. Amendment of Borrowing and Investment Powers Act
1987
In Schedule 1 of the Borrowing and Investment
5 Powers Act 1987, after item 12 insert--
"13. Spencer Street 5, 8, 10, 11, 11AA, 11AB,
Station Authority 13, 14, 14A, 15, 20, 20A
and 21".
47. Amendment of Docklands Authority Act 1991
In section 28(2) of the Docklands Authority Act
1991 after "Rail Corporations Act 1996" insert
"Spencer Street Station Authority established
10 under the Rail Corporations Act 1996.".
48. Melbourne City Link Act 1995
No. 107/1995. (1) In section 73 of the Melbourne City Link Act
Reprint No. 2
1995, after sub-section (4) insert--
as at 2 June
1998. Further
"(4A) For the purposes of sub-section (4), a
amended by
15 criminal proceeding commenced, or an
Nos 109/1997,
46/1998,
infringement notice issued, against a person
50/1998,
in respect of an offence against sub-section
85/1998,
86/1998 and
(1) is to be disregarded if the charge or
102/1998.
infringement notice is withdrawn.".
20 (2) In section 77(1) of the Melbourne City Link Act
1995--
(a) after "relevant corporation" (where first
occurring) insert ", or a person authorised by
the relevant corporation for the purposes of
25 this section,";
(b) after "relevant corporation" (where secondly
occurring) insert "or authorised person".
52
532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
s. 49
Act No.
(3) In section 77(2) of the Melbourne City Link Act
1995, after "relevant corporation" insert "or an
authorised person".
(4) In section 78(1) of the Melbourne City Link Act
5 1995, after "relevant corporation" insert "or a
person authorised by a relevant corporation for the
purposes of section 77".
49. Office of the Regulator-General Act 1994
No. 42/1994.
(1) In section 3(2) of the Office of the Regulator-
Reprint No. 2
10 General Act 1994, for "sub-section (3) or (5)" as at 19 June
substitute "sub-sections (3), (5) and (7)". 1997. Further
amended by
(2) After section 3(6) of the Office of the Regulator- Nos 46/1998,
91/1998 and
General Act 1994 insert-- 98/1998.
"(7) Sub-section (2) does not apply to--
15 (a) railways and rail infrastructure; or
(b) tramways and tram infrastructure.".
53
532200B.A1-28/5/99
Rail Corporations and Transport Acts (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
54
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Rail Corporations and Transport Acts (Amendment) Act 1999
Act No.
55
532200B.A1-28/5/99
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