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PARLIAMENT OF VICTORIA
Rail Corporations (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF RAIL CORPORATIONS ACT 1996 3
Division 1--Privatisation of V/Line Freight 3
3. V/Line Freight functions 3
4. Repeal of provisions relating to V/Line Freight 3
Division 2--Corporatisation of Metropolitan Train Division of PTC 4
5. Definitions 4
6. New Division 2A inserted 4
Division 2A--Met Train 1 4
18A. Establishment 4
18B. Met Train 1 not to represent the Crown 5
18C. Objective 5
18D. Functions and powers 5
18E. No obligation to fence 6
18F. Power to break up roads, etc. 7
7. Definition of "rail corporation" 7
8. New Division 2B inserted 7
Division 2B--Met Train 2 7
18G. Establishment 8
18H. Met Train 2 not to represent the Crown 8
18I. Objective 8
18J. Functions and powers 8
18K. No obligation to fence 10
18L. Power to break up roads, etc. 10
9. Definition of "rail corporation" 11
Division 3--Corporatisation of Metropolitan Tram Division of PTC 11
i
531244B.I1-29/10/97
Clause Page
10. New Division 2C inserted 11
Division 2C--Met Tram 1 11
18M. Establishment 11
18N. Met Tram 1 not to represent the Crown 12
18O. Objective 12
18P. Functions and powers 12
18Q. No obligation to fence 14
18R. Power to break up roads, etc. 14
18S. Power to install stopping places, etc. 14
11. Definition of "rail corporation" 15
12. New Division 2D inserted 15
Division 2D--Met Tram 2 15
18T. Establishment 15
18U. Met Tram 2 not to represent the Crown 15
18V. Objective 16
18W. Functions and powers 16
18X. No obligation to fence 17
18Y. Power to break up roads, etc. 18
18Z. Power to install stopping places, etc. 18
13. Definition of "rail corporation" 18
Division 4--Transfer of Property 18
14. Allocation statements 18
15. Transfer of Crown land 19
Division 5--Transfer of Staff 19
16. Arrangement of Part 3 19
"Division 1--Definitions". 20
"Division 2--Property". 20
17. Definitions 20
18. New Division 3 inserted 22
Division 3--Staff 22
57. List of PTC staff 22
58. Transfer of PTC staff 23
59. Future terms and conditions of transferred employees 24
Division 6--Powers of Victorian Rail Track 25
19. Definitions etc. 25
20. Functions and powers in relation to tramways 26
21. No obligation to fence tramway 27
22. New sections 13A and 13B inserted 27
ii
531244B.I1-29/10/97
Clause Page
13A. Power to break up roads, etc. 27
13B. Power to install stopping places, etc. 27
23. New sections 13C to 13F inserted 28
13C. Acquisition of land 28
13D. Rail Track may use Crown lands reserved under Crown
Land (Reserves) Act 1978 29
13E. Grant of unalienated Crown land 31
13F. Surplus land 31
24. Declared railway services 34
Division 7--Other Amendments 34
25. Purpose of Act 34
26. Disclosure of interests 34
Division 8--Transitional Provisions 34
27. New Part 4 substituted 34
PART 4--MISCELLANEOUS 34
60. Privatisation of V/Line Freight 34
28. New section 61 inserted 35
61. No obligation to fence 35
29. New section 62 inserted 36
62. Power to break up roads, etc. 36
30. New section 63 inserted 37
63. Power to install stopping places, etc. 37
PART 3--AMENDMENT OF TRANSPORT ACT 1983 39
31. Definitions 39
32. New section 14A inserted 39
14A. Withdrawal of certain functions and powers from PTC 39
33. Loop developments 40
34. Authorised officers 40
35. Travelling without valid ticket 43
36. New sections 221A and 221B inserted 43
221A. Authorized persons 43
221B. Application by proposed employee 46
37. New Division 4A inserted in Part VII 46
Division 4A--Accreditation of passenger transport
companies 46
228A. Application for accreditation 46
228B. Matters to be considered by Secretary 47
228C. Giving or refusal of accreditation 47
228D. Conditions of accreditation 48
228E. Change of conditions etc. 48
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531244B.I1-29/10/97
Clause Page
228F. Duration of accreditation 49
228G. Requirement to notify Secretary about charges, etc. 49
228H. Periodical returns 49
228I. Application for renewal of accreditation 50
228J. Renewal of accreditation 51
228K. Nature of accreditation 52
228L. False or misleading information 52
228M. Secretary not liable for giving accreditation 53
228N. Supervision of accredited companies 53
228O. Procedure and powers 55
228P. Immediate power of suspension 55
228Q. Effect of suspension 56
228R. Review by AAT 56
38. Tourist railways 56
PART 4--AMENDMENT OF OTHER ACTS 58
39. Border Railways Act 1922 58
40. Borrowing and Investment Powers Act 1987 59
41. Country Fire Authority Act 1958 59
42. Crimes Act 1958 59
43. Docklands Authority Act 1991 59
44. Emergency Management Act 1986 60
45. Essential Services Act 1958 60
46. Estate Agents Act 1980 60
47. Fences Act 1968 60
48. Historic Buildings Act 1981 61
49. Land Act 1958 61
50. Limitation of Actions Act 1958 62
51. Melbourne and Metropolitan Board of Works Act 1958 62
52. Melbourne City Link Act 1995 63
53. National Parks Act 1975 63
54. Pipelines Act 1967 63
55. Survey Co-ordination Act 1958 64
56. Transport Accident Act 1986 64
57. Treasury Corporation of Victoria Act 1992 66
58. Water Act 1989 67
59. Wheat Marketing Act 1989 67
NOTES 68
iv
531244B.I1-29/10/97
PARLIAMENT OF VICTORIA
A BILL
to reform the public transport system in Victoria, to amend the Rail
Corporations Act 1996, the Transport Act 1983 and certain other
Acts and for other purposes.
Rail Corporations (Amendment) Act
1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to reform the public
transport system in Victoria.
1
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 2
Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5 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
comes into operation on that day.
10 _______________
2
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 3
Act No.
PART 2--AMENDMENT OF RAIL CORPORATIONS ACT
1996
Division 1--Privatisation of V/Line Freight
3. V/Line Freight functions
No. 79/1996.
5 At the end of section 7 of the Rail Corporations
Act 1996 insert--
"(4) V/Line Freight may, with the approval or at
the direction of the Minister, cease to
perform all or any of its functions.
10 (5) Without limiting, or taking away, any of his
or her other powers, the Minister, for and on
behalf of the Crown, may be a party to any
agreement providing for the sale,
assignment, transfer or disposal of all or any
15 part of the property, rights, liabilities,
undertaking or business of V/Line Freight or
to any related franchise or other agreement
of any kind whatsoever.".
4. Repeal of provisions relating to V/Line Freight
20 (1) Division 1 of Part 2 of the Rail Corporations Act
1996 is repealed.
(2) In section 1 of the Rail Corporations Act 1996,
omit "V/Line Freight and".
(3) In the definition of "rail corporation" in section
25 3(1) of the Rail Corporations Act 1996, omit
"V/Line Freight or".
3
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 5
Act No.
Division 2--Corporatisation of Metropolitan Train Division
of PTC
5. Definitions
In section 3(1) of the Rail Corporations Act
5 1996, after the definition of "rights" insert--
' "road" includes street, lane, bridge,
thoroughfare and any other place open to or
used by the public for passage with vehicles
and includes every carriageway, footpath,
10 traffic island, nature strip and any area
provided to separate vehicular traffic on any
such street, lane, bridge, thoroughfare or
other place;'.
6. New Division 2A inserted
15 After Division 2 of Part 2 of the Rail
Corporations Act 1996 insert--
"Division 2A--Met Train 1
18A. Establishment
(1) Met Train 1 is established.
20 (2) Met Train 1--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue and be sued;
25 (d) may acquire, hold and dispose of real
and personal property;
(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
30 (3) All courts must take judicial notice of the
seal of Met Train 1 affixed to a document
4
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Rail Corporations (Amendment) Act 1997
s. 6
Act No.
and, until the contrary is proved, must
presume that it was duly affixed.
(4) The official seal of Met Train 1 must be kept
in such custody as Met Train 1 directs and
5 must not be used except as authorised by
Met Train 1.
18B. Met Train 1 not to represent the Crown
Met Train 1 is a public authority but does not
represent the Crown.
10 18C. Objective
The principal objective of Met Train 1 is to
perform its functions in an efficient and
commercial manner.
18D. Functions and powers
15 (1) The functions of Met Train 1 are--
(a) to operate metropolitan rail passenger
services;
(b) to operate services ancillary or
incidental to its rail passenger services;
20 (c) any other functions conferred on Met
Train 1 by this or any other Act.
(2) Met Train 1--
(a) may enter into contracts, agreements,
leases and licences for the carrying out
25 of its functions;
(b) may acquire and operate rail
infrastructure and rolling stock for the
purpose of carrying out its functions;
(c) may engage agents or consultants;
30 (d) may act as agent of another person;
(e) may do all things necessary or
convenient to be done for, or in
5
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Rail Corporations (Amendment) Act 1997
s. 6
Act No.
connection with, carrying out its
functions or achieving its objectives.
(3) Without limiting the generality of the
functions and powers conferred on it, Met
5 Train 1--
(a) may form, or participate in the
formation of, or be a member of
companies;
(b) may form, or participate in the
10 formation of, and may participate in,
partnerships, trusts, unincorporated
joint ventures and other arrangements
for the sharing of profits;
(c) may act as trustee;
15 (d) may engage in any business,
undertaking or activity incidental to the
performance of its functions;
(e) may make its staff and land and other
property vested in or managed by it
20 available for engagement or use by
other persons.
(4) Met Train 1 may, with the approval or at the
direction of the Minister, cease to perform all
or any of its functions.
25 (5) Without limiting, or taking away, any of his
or her other powers, the Minister, for and on
behalf of the Crown, may be a party to any
agreement providing for the sale,
assignment, transfer or disposal of all or any
30 part of the property, rights, liabilities,
undertaking or business of Met Train 1 or to
any related franchise or other agreement of
any kind whatsoever.
18E. No obligation to fence
6
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 7
Act No.
(1) Despite any Act or rule of law to the
contrary, Met Train 1--
(a) is not required to fence or contribute to
the fencing of any portion of a railway;
5 and
(b) is not liable for any damage that may be
caused by reason of any railway not
being fenced in or fenced off.
(2) Met Train 1 may, but is not obliged to, erect
10 and maintain such fences in connection with
a railway as it thinks proper.
18F. Power to break up roads, etc.
After consultation with the Roads
Corporation and any relevant municipal
15 council, Met Train 1--
(a) may open and break up, and divert
traffic from, any road on or adjacent to
which there is rail infrastructure that is
operated or maintained by Met Train 1;
20 and
(b) may take possession of, and use, the
whole or any portion of such a road.".
7. Definition of "rail corporation"
In the definition of "rail corporation" in section
25 3(1) of the Rail Corporations Act 1996, after
"means" insert "Met Train 1 or".
8. New Division 2B inserted
After proposed Division 2A of Part 2 of the Rail
Corporations Act 1996 insert--
30 "Division 2B--Met Train 2
7
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Rail Corporations (Amendment) Act 1997
s. 8
Act No.
18G. Establishment
(1) Met Train 2 is established.
(2) Met Train 2--
(a) is a body corporate with perpetual
5 succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real
and personal property;
10 (e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
(3) All courts must take judicial notice of the
seal of Met Train 2 affixed to a document
15 and, until the contrary is proved, must
presume that it was duly affixed.
(4) The official seal of Met Train 2 must be kept
in such custody as Met Train 2 directs and
must not be used except as authorised by
20 Met Train 2.
18H. Met Train 2 not to represent the Crown
Met Train 2 is a public authority but does not
represent the Crown.
18I. Objective
25 The principal objective of Met Train 2 is to
perform its functions in an efficient and
commercial manner.
18J. Functions and powers
(1) The functions of Met Train 2 are--
8
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 8
Act No.
(a) to operate metropolitan rail passenger
services;
(b) to operate services ancillary or
incidental to its rail passenger services;
5 (c) any other functions conferred on Met
Train 2 by this or any other Act.
(2) Met Train 2--
(a) may enter into contracts, agreements,
leases and licences for the carrying out
10 of its functions;
(b) may acquire and operate rail
infrastructure and rolling stock for the
purpose of carrying out its functions;
(c) may engage agents or consultants;
15 (d) may act as agent of another person;
(e) may do all things necessary or
convenient to be done for, or in
connection with, carrying out its
functions or achieving its objectives.
20 (3) Without limiting the generality of the
functions and powers conferred on it, Met
Train 2--
(a) may form, or participate in the
formation of, or be a member of
25 companies;
(b) may form, or participate in the
formation of, and may participate in,
partnerships, trusts, unincorporated
joint ventures and other arrangements
30 for the sharing of profits;
(c) may act as trustee;
9
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 8
Act No.
(d) may engage in any business,
undertaking or activity incidental to the
performance of its functions;
(e) may make its staff and land and other
5 property vested in or managed by it
available for engagement or use by
other persons.
(4) Met Train 2 may, with the approval or at the
direction of the Minister, cease to perform all
10 or any of its functions.
(5) Without limiting, or taking away, any of his
or her other powers, the Minister, for and on
behalf of the Crown, may be a party to any
agreement providing for the sale,
15 assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
undertaking or business of Met Train 2 or to
any related franchise or other agreement of
any kind whatsoever.
20 18K. No obligation to fence
(1) Despite any Act or rule of law to the
contrary, Met Train 2--
(a) is not required to fence or contribute to
the fencing of any portion of a railway;
25 and
(b) is not liable for any damage that may be
caused by reason of any railway not
being fenced in or fenced off.
(2) Met Train 2 may, but is not obliged to, erect
30 and maintain such fences in connection with
a railway as it thinks proper.
18L. Power to break up roads, etc.
10
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 9
Act No.
After consultation with the Roads
Corporation and any relevant municipal
council, Met Train 2--
(a) may open and break up, and divert
5 traffic from, any road on or adjacent to
which there is rail infrastructure that is
operated or maintained by Met Train 2;
and
(b) may take possession of, and use, the
10 whole or any portion of such a road.".
9. Definition of "rail corporation"
In the definition of "rail corporation" in section
3(1) of the Rail Corporations Act 1996, after
"means" insert "Met Train 2 or".
15 Division 3--Corporatisation of Metropolitan Tram Division
of PTC
10. New Division 2C inserted
After proposed Division 2B of Part 2 of the Rail
Corporations Act 1996 insert--
20 "Division 2C--Met Tram 1
18M. Establishment
(1) Met Tram 1 is established.
(2) Met Tram 1--
(a) is a body corporate with perpetual
25 succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real
and personal property;
11
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 10
Act No.
(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
(3) All courts must take judicial notice of the
5 seal of Met Tram 1 affixed to a document
and, until the contrary is proved, must
presume that it was duly affixed.
(4) The official seal of Met Tram 1 must be kept
in such custody as Met Tram 1 directs and
10 must not be used except as authorised by
Met Tram 1.
18N. Met Tram 1 not to represent the Crown
Met Tram 1 is a public authority but does not
represent the Crown.
15 18O. Objective
The principal objective of Met Tram 1 is to
perform its functions in an efficient and
commercial manner.
18P. Functions and powers
20 (1) The functions of Met Tram 1 are--
(a) to operate metropolitan tram services;
(b) to operate services ancillary or
incidental to its tram services;
(c) any other functions conferred on Met
25 Tram 1 by this or any other Act.
(2) Met Tram 1--
(a) may enter into contracts, agreements,
leases and licences for the carrying out
of its functions;
30 (b) may acquire and operate tram
infrastructure and rolling stock for the
purpose of carrying out its functions;
12
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 10
Act No.
(c) may engage agents or consultants;
(d) may act as agent of another person;
(e) may do all things necessary or
convenient to be done for, or in
5 connection with, carrying out its
functions or achieving its objectives.
(3) Without limiting the generality of the
functions and powers conferred on it, Met
Tram 1--
10 (a) may form, or participate in the
formation of, or be a member of
companies;
(b) may form, or participate in the
formation of, and may participate in,
15 partnerships, trusts, unincorporated
joint ventures and other arrangements
for the sharing of profits;
(c) may act as trustee;
(d) may engage in any business,
20 undertaking or activity incidental to the
performance of its functions;
(e) may make its staff and land and other
property vested in or managed by it
available for engagement or use by
25 other persons.
(4) Met Tram 1 may, with the approval or at the
direction of the Minister, cease to perform all
or any of its functions.
(5) Without limiting, or taking away, any of his
30 or her other powers, the Minister, for and on
behalf of the Crown, may be a party to any
agreement providing for the sale,
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
13
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 10
Act No.
undertaking or business of Met Tram 1 or to
any related franchise or other agreement of
any kind whatsoever.
18Q. No obligation to fence
5 (1) Despite any Act or rule of law to the
contrary, Met Tram 1--
(a) is not required to fence or contribute to
the fencing of any portion of a
tramway; and
10 (b) is not liable for any damage that may be
caused by reason of any tramway not
being fenced in or fenced off.
(2) Met Tram 1 may, but is not obliged to, erect
and maintain such fences in connection with
15 a tramway as it thinks proper.
18R. Power to break up roads, etc.
After consultation with the Roads
Corporation and any relevant municipal
council, Met Tram 1--
20 (a) may open and break up, and divert
traffic from, any road on or adjacent to
which there is tram infrastructure that is
operated or maintained by Met Tram 1;
and
25 (b) may take possession of, and use, the
whole or any portion of such a road.
18S. Power to install stopping places, etc.
After consultation with the Roads
Corporation and any relevant municipal
30 council, Met Tram 1 may install, remove or
re-locate stopping places and associated
facilities for transport services on any road
on or adjacent to which there is tram
14
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 11
Act No.
infrastructure that is operated or maintained
by Met Tram 1.".
11. Definition of "rail corporation"
In the definition of "rail corporation" in section
5 3(1) of the Rail Corporations Act 1996, after
"means" insert "Met Tram 1 or".
12. New Division 2D inserted
After proposed Division 2C of Part 2 of the Rail
Corporations Act 1996 insert--
10 "Division 2D--Met Tram 2
18T. Establishment
(1) Met Tram 2 is established.
(2) Met Tram 2--
(a) is a body corporate with perpetual
15 succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real
and personal property;
20 (e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
(3) All courts must take judicial notice of the
seal of Met Tram 2 affixed to a document
25 and, until the contrary is proved, must
presume that it was duly affixed.
(4) The official seal of Met Tram 2 must be kept
in such custody as Met Tram 2 directs and
must not be used except as authorised by
30 Met Tram 2.
18U. Met Tram 2 not to represent the Crown
15
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 12
Act No.
Met Tram 2 is a public authority but does not
represent the Crown.
18V. Objective
The principal objective of Met Tram 2 is to
5 perform its functions in an efficient and
commercial manner.
18W. Functions and powers
(1) The functions of Met Tram 2 are--
(a) to operate metropolitan tram services;
10 (b) to operate services ancillary or
incidental to its tram services;
(c) any other functions conferred on Met
Tram 2 by this or any other Act.
(2) Met Tram 2--
15 (a) may enter into contracts, agreements,
leases and licences for the carrying out
of its functions;
(b) may acquire and operate tram
infrastructure and rolling stock for the
20 purpose of carrying out its functions;
(c) may engage agents or consultants;
(d) may act as agent of another person;
(e) may do all things necessary or
convenient to be done for, or in
25 connection with, carrying out its
functions or achieving its objectives.
(3) Without limiting the generality of the
functions and powers conferred on it, Met
Tram 2--
30 (a) may form, or participate in the
formation of, or be a member of
companies;
16
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 12
Act No.
(b) may form, or participate in the
formation of, and may participate in,
partnerships, trusts, unincorporated
joint ventures and other arrangements
5 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;
10 (e) may make its staff and land and other
property vested in or managed by it
available for engagement or use by
other persons.
(4) Met Tram 2 may, with the approval or at the
15 direction of the Minister, cease to perform all
or any of its functions.
(5) Without limiting, or taking away, any of his
or her other powers, the Minister, for and on
behalf of the Crown, may be a party to any
20 agreement providing for the sale,
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
undertaking or business of Met Tram 2 or to
any related franchise or other agreement of
25 any kind whatsoever.
18X. No obligation to fence
(1) Despite any Act or rule of law to the
contrary, Met Tram 2--
(a) is not required to fence or contribute to
30 the fencing of any portion of a
tramway; and
(b) is not liable for any damage that may be
caused by reason of any tramway not
being fenced in or fenced off.
17
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 13
14
Act No.
(2) Met Tram 2 may, but is not obliged to, erect
and maintain such fences in connection with
a tramway as it thinks proper.
18Y. Power to break up roads, etc.
5 After consultation with the Roads
Corporation and any relevant municipal
council, Met Tram 2--
(a) may open and break up, and divert
traffic from, any road on or adjacent to
10 which there is tram infrastructure that is
operated or maintained by Met Tram 2;
and
(b) may take possession of, and use, the
whole or any portion of such a road.
15 18Z. Power to install stopping places, etc.
After consultation with the Roads
Corporation and any relevant municipal
council, Met Tram 2 may install, remove or
re-locate stopping places and associated
20 facilities for transport services on any road
on or adjacent to which there is tram
infrastructure that is operated or maintained
by Met Tram 2.".
13. Definition of "rail corporation"
25 In the definition of "rail corporation" in section
3(1) of the Rail Corporations Act 1996, after
"means" insert "Met Tram 2 or".
Division 4--Transfer of Property
14. Allocation statements
30 (1) In the definition of "former PTC property" in
section 39(1) of the Rail Corporations Act 1996,
after "rail corporation" insert "or another person".
18
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Rail Corporations (Amendment) Act 1997
s. 16
Act No.
(2) In section 40(1) of the Rail Corporations Act
1996, after "rail corporation" insert "or another
person or other persons nominated by the
Minister".
5 (3) In section 40(4)(a) of the Rail Corporations Act
1996, omit "identify and".
(4) In section 41(4)(a) of the Rail Corporations Act
1996, omit "identify and".
(5) In section 42(a) and (b) of the Rail Corporations
10 Act 1996, after "rail corporation" insert "or other
person or persons".
(6) In section 53(b) of the Rail Corporations Act
1996, omit "between the PTC and Rail Track".
(7) In section 56 of the Rail Corporations Act
15 1996--
(a) after "PTC" insert "or a rail corporation";
(b) for "Rail Track" substitute "a rail
corporation or other person specified in the
direction".
20 15. Transfer of Crown land
Section 39(3) of the Rail Corporations Act 1996
is repealed.
Division 5--Transfer of Staff
16. Arrangement of Part 3
25 (1) In the heading to Part 3 of the Rail Corporations
Act 1996, after "PROPERTY" insert "AND
STAFF".
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(2) After the heading to Part 3 of the Rail
Corporations Act 1996 insert--
"Division 1--Definitions".
(3) After section 39 of the Rail Corporations Act
5 1996 insert--
"Division 2--Property".
(4) In sections 40(5)(b), 41(5)(b), 43, 50, 51(1),
51(2), 52(1), 52(2), 52(3), 53, 54(1) and 55 for
"this Part" (wherever occurring) substitute "this
10 Division".
17. Definitions
(1) In section 39(1) of the Rail Corporations Act
1996--
(a) insert the following definitions--
15 ' "new employer", in relation to a
transferred PTC employee, means the
rail corporation by which, by virtue of
section 58, the transferred PTC
employee is regarded as being
20 employed with effect from the relevant
date;
"transferred PTC employee" means a
person who, by virtue of section 58, is
regarded as being employed by a new
25 employer with effect from the relevant
date;';
(b) in the definitions of "former PTC property"
and "former rail corporation property" for
"this Part" substitute "Division 2";
30 (c) for the definition of "relevant date"
substitute--
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' "relevant date"--
(a) in relation to an allocation
statement under section 40 or 41
or property, rights or liabilities
5 allocated under such a statement,
means the date fixed by the
Minister under sub-section (2) for
the purposes of that statement;
(b) in relation to a document referred
10 to in section 57(1), means the date
fixed by the Minister under sub-
section (2A) for the purposes of
that document;'.
(2) In section 39 of the Rail Corporations Act 1996,
15 after sub-section (2) insert--
"(2A) The Minister, by notice published in the
Government Gazette, may fix the relevant
date for the purposes of a document referred
to in section 57(1).
20 (2B) Despite anything to the contrary in this or
any other Act or in any rule of law, a
building or other improvement of any kind
on land may be transferred to a person in
accordance with Division 2 irrespective of
25 whether the land--
(a) is being, has been or is to be transferred
to that person; or
(b) is being, has been or is to be transferred
to a different person.
30 (2C) Despite anything to the contrary in this or
any other Act or in any rule of law, land may
be transferred to a person in accordance with
Division 2 irrespective of whether a building
or other improvement of any kind on the
35 land--
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(a) is being, has been or is to be transferred
to that person; or
(b) is being, has been or is to be transferred
to a different person.
5 (2D) For the purpose of sub-sections (2B) and
(2C), a building or other improvement
situated on land must be taken to be personal
property that is not affixed, within the
meaning of any law relating to real property,
10 to the land.".
18. New Division 3 inserted
In Part 3 of the Rail Corporations Act 1996, at
the end of the Part insert--
"Division 3--Staff
15 57. List of PTC staff
(1) Before the relevant date, the PTC must
prepare and submit to the Minister a
document signed by the chief executive of
the PTC listing officers and employees of the
20 PTC and specifying, in respect of each such
officer or employee, the rail corporation by
which he or she is to be regarded as having
been employed by virtue of section 58 with
effect from the relevant date.
25 (2) The document may be amended by
instrument signed by the chief executive of
the PTC and given to the Minister and the
amendment is to be regarded as having
effect, or having had effect, from the relevant
30 date.
(3) Nothing in this section prevents a person
listed in the document as an officer or
employee of the PTC from resigning or
being dismissed at any time before the
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relevant date in accordance with the terms
and conditions of his or her appointment or
employment.
58. Transfer of PTC staff
5 (1) A person listed as an officer or employee of
the PTC in a document under section 57 who
was such an officer or employee
immediately before the relevant date is to be
regarded as--
10 (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
15 applied to the person, immediately
before the relevant date, as an officer or
employee of the PTC; and
(c) having accrued an entitlement to
benefits, in connection with that
20 employment by the new employer, that
is equivalent to the entitlement that the
person had accrued, as an officer or
employee of the PTC, immediately
before the relevant date.
25 (2) The service of a transferred PTC 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,
immediately before the relevant date, as an
30 officer or employee of the PTC.
(3) A transferred PTC employee is not entitled
to receive any payment or other benefit by
reason only of having ceased to be an officer
or employee of the PTC because of this Act.
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(4) A certificate purporting to be signed by the
chief executive of the PTC certifying that a
person named in the certificate was with
effect from the relevant date employed, by
5 virtue of this section, by a rail corporation
named in the certificate is admissible in
evidence in any proceedings and is
conclusive proof of the matters stated in it.
59. Future terms and conditions of transferred
10 employees
(1) Nothing in section 58 prevents--
(a) any of the terms and conditions of
employment of a transferred PTC
employee from being altered by or
15 under any law, award or agreement
with effect from any time after the
relevant date; or
(b) a transferred PTC employee from
transferring to the employment of
20 another rail corporation at any time
within 6 months after the relevant date
on terms and conditions agreed to by
the employee and that other rail
corporation; or
25 (c) a transferred PTC employee from
resigning or being dismissed at any
time after the relevant date in
accordance with the then existing terms
and conditions of his or her
30 employment by the new employer.
(2) The service of a transferred PTC employee
as an employee of another rail corporation to
which he or she transfers as mentioned in
sub-section (1)(b) is to be regarded for all
35 purposes as having been continuous with the
service of the employee, immediately before
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s. 19
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the relevant date, as an officer or employee
of the PTC and with his or her service on or
after that date as an employee of the other
rail corporation mentioned in sub-section
5 (1)(b).
(3) A transferred PTC employee is not entitled
to receive any payment or other benefit by
reason only of having ceased to be an
employee of a rail corporation, being a
10 payment or benefit in respect of a period of
service as an officer or employee of the PTC,
if he or she has received a payment or other
benefit in respect of that period by reason of
having ceased to be an employee of another
15 rail corporation.".
Division 6--Powers of Victorian Rail Track
19. Definitions etc.
(1) In section 3(1) of the Rail Corporations Act
1996--
20 (a) for the definition of "railway" substitute--
' "railway track" includes heavy railway
track and light railway track;';
(b) in the definition of "rolling stock"--
(i) after "railway track" insert "or
25 tramway track";
(ii) after "rail motor," insert "light rail
vehicle,";
(iii) after "train," insert "tram, light
inspection vehicle,";
30 (c) after the definition of "rolling stock"
insert--
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' "tram infrastructure" means the facilities
that are used to operate a tramway and
includes, but is not limited to, tramway
track, associated track structures and
5 works (such as cuttings, tunnels,
bridges, stopping places, excavations,
land fill, track support earthworks and
drainage works), over-track structures,
under-track structures, service roads,
10 signalling systems, rolling stock control
systems, communications systems,
notices and signs, overhead electrical
power supply systems and associated
buildings, workshops, depots, yards,
15 plant, machinery and equipment, but
does not include rolling stock.'.
(2) Section 3(2) of the Rail Corporations Act 1996
is repealed.
(3) In section 8 of the Rail Corporations Act 1996--
20 (a) for "(2) All" substitute "(3) All";
(b) for "(3)" substitute "(4)".
20. Functions and powers in relation to tramways
(1) In section 11(1) of the Rail Corporations Act
1996--
25 (a) after paragraph (a) insert--
"(ab) to establish, manage and maintain
tramways and tram infrastructure;";
(b) in paragraph (b) after "railways" insert "and
tramways";
30
(c) after paragraph (b) insert--
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"(ba) if directed to do so by the Minister by
Order published in the Government
Gazette--
(i) to operate metropolitan rail
5 passenger services or metropolitan
tram services;
(ii) to operate services ancillary or
incidental to its rail passenger or
tram services;".
10 (2) In section 11(2)(b) of the Rail Corporations Act
1996, after "operate" insert "rail infrastructure,
tram infrastructure or".
21. No obligation to fence tramway
In section 13(1) and (2) of the Rail Corporations
15 Act 1996, after "railway" (wherever occurring)
insert "or tramway".
22. New sections 13A and 13B inserted
After section 13 of the Rail Corporations Act
1996 insert--
20 "13A. Power to break up roads, etc.
After consultation with the Roads
Corporation and any relevant municipal
council, Rail Track may--
(a) open and break up, and divert traffic
25 from, any road on or adjacent to which
there is rail infrastructure or tram
infrastructure that is operated or
maintained by it; and
(b) take possession of, and use, the whole
30 or any portion of such a road.
13B. Power to install stopping places, etc.
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After consultation with the Roads
Corporation and any relevant municipal
council, Rail Track may install, remove or
re-locate stopping places and associated
5 facilities for transport services on any road
on or adjacent to which there is tram
infrastructure that is operated or maintained
by it.".
23. New sections 13C to 13F inserted
10 After proposed section 13B of the Rail
Corporations Act 1996 insert--
'13C. Acquisition of land
(1) Rail Track may, with the approval of the
Minister, purchase or compulsorily acquire
15 any land which is or may be required by it
for, or in connection with, carrying out its
functions or achieving its objectives.
(2) The Land Acquisition and Compensation
Act 1986 applies to this Act and for that
20 purpose--
(a) the Rail Corporations Act 1996 is the
special Act; and
(b) Rail Track is the Authority; and
(c) "land" includes strata above or below
25 the surface of land and easements and
rights to use land or strata above or
below the surface of the land; and
(d) section 75 of the Land Acquisition
and Compensation Act 1986 has
30 effect as if it empowered Rail Track to
enter any land and section 75(6) did not
apply.
(3) If any right to use land or any right in the
nature of an easement or purporting to be an
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easement is acquired by Rail Track, that
right is deemed for all purposes to be an
easement despite there being no land vested
in Rail Track or its successors which is in
5 fact benefited or capable of being benefited
by that right.
(4) If by or under this Act any private right of
way or easement is extinguished or any
easement is acquired by Rail Track--
10 (a) the Registrar-General is authorised and
directed to make any entries in the
records of enrolment of any Crown
grant or in any memorial that are
necessary or expedient in consequence
15 of that extinguishment or acquisition;
and
(b) the Registrar of Titles must make any
recordings in the Register that are
necessary or expedient because of that
20 extinguishment or acquisition and the
holder of any relevant certificate of title
must deliver it to the Registrar of
Titles.
(5) Sub-section (4) does not apply to an
25 easement acquired compulsorily by Rail
Track.
13D. Rail Track may use Crown lands reserved
under Crown Land (Reserves) Act 1978
(1) Rail Track may, with the approval of the
30 Minister administering section 22A of the
Land Act 1958 (in this section referred to as
"the relevant Minister") given after
consultation with any other Ministers
concerned with the management or use of the
35 land, use any Crown land for transport
purposes.
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(2) If any Crown land proposed to be used for
transport purposes by Rail Track is reserved
under the Crown Land (Reserves) Act 1978
for a purpose which is inconsistent with that
5 use, Rail Track must not use the land unless
and until the reservation is revoked in
accordance with section 9 of that Act.
(3) Rail Track must make compensation, in
respect of the use under this section by it of
10 any Crown land reserved under the Crown
Land (Reserves) Act 1978 for a purpose
inconsistent with that use, in the manner and
to the extent agreed by Rail Track and the
relevant Minister.
15 (4) An agreement under sub-section (3) may
provide for--
(a) the payment by Rail Track of a sum of
money agreed by Rail Track and the
relevant Minister; or
20 (b) the undertaking of works or making of
provision by Rail Track in place of any
improvements on the land as agreed by
Rail Track and the relevant Minister; or
(c) both matters referred to in paragraphs
25 (a) and (b).
(5) If an agreement under sub-section (3)
provides for the payment of a sum of money,
that money must be paid to the relevant
Minister, unless he or she otherwise directs.
30 (6) The relevant Minister may direct that money
to be paid under an agreement under sub-
section (3) must be paid to--
(a) the trustees in whom or the municipal
council in which the land is vested; or
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s. 23
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(b) the committee of management
appointed in respect of the land; or
(c) the authority under whose control and
management the land has been placed
5 under section 18 of the Crown Land
(Reserves) Act 1978; or
(d) any other person or persons agreed by
Rail Track and the relevant Minister--
and may further direct how the money is to
10 be applied.
(7) If any dispute arises as to the amount of any
sum of money payable under this section,
that dispute is to be determined by the
Governor in Council.
15 13E. Grant of unalienated Crown land
(1) If any land vested in Rail Track under this
Act was immediately before its use for
transport purposes unalienated land of the
Crown, whether set apart as a government
20 road or not, the Governor in Council, on the
recommendation of the Minister
administering section 22A of the Land Act
1958, may grant that land to Rail Track
subject to any conditions, exceptions and
25 reservations that the Governor in Council
thinks fit.
(2) Sub-section (1) is subject to section 8 of the
Crown Land (Reserves) Act 1978 and
section 349 of the Land Act 1958.
30 13F. Surplus land
(1) In this section "surplus land" means land
which is vested in Rail Track but which is no
longer required by Rail Track for, or in
connection with, carrying out its functions or
35 achieving its objectives.
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(2) Rail Track with the approval of the
Minister--
(a) may sell any surplus land; or
(b) may grant leases of any land even land
5 which was granted to Rail Track or to
any other person subject to a trust or
condition requiring it to be used for
some particular purpose or land
temporarily or permanently reserved for
10 any purpose under the Crown Land
(Reserves) Act 1978 or any previous
Act relating to Crown land; or
(c) may develop any surplus land and for
this purpose may--
15 (i) subdivide and re-subdivide the
land; or
(ii) consolidate the title to the land; or
(iii) grant or create in favour of any
person any easement over the land
20 on any terms and conditions that
Rail Track thinks fit; or
(iv) effect or arrange with other
persons for the development of the
land on any terms and conditions
25 that Rail Track thinks fit; or
(v) maintain, operate and manage or
arrange with other persons to
maintain, operate and manage the
land and any buildings, works,
30 structures and other property on
the land; or
(vi) promote a Property Trust and--
(A) with the consent of the
Treasurer, subscribe for or
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s. 23
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otherwise acquire and
dispose of any unit or units
in the Trust; or
(B) enter into arrangements with
5 the Trust for the
management by Rail Track
of the Trust; or
(C) enter into any contracts with
the Trust that Rail Track
10 deems necessary to
guarantee to unit holders in
the Trust an agreed return; or
(D) make any loans to the Trust
on any terms that Rail Track
15 thinks fit.
(3) Any Property Trust promoted under this
section must provide that the trustees are to
be appointed by the Minister.
(4) In this section "develop" means improve
20 land for any commercial or civic or other
public or private purpose and includes the
construction, demolition or substantial
alteration of any structure in or on the land
or the excavation of the land.
25 (5) On Rail Track divesting itself, or being
divested, of its interest in any land on, under
or over which there was constructed a
railway or tramway, the liability (if any) of
Rail Track to--
30 (a) maintain a railway or tramway on,
under or over that land; and
(b) maintain any bridge bearing a road over
the whole or any part of that land or
any crossing, culvert, drain or stream
35 diversion appurtenant to that land--
33
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s. 24
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absolutely ceases and determines.'.
24. Declared railway services
(1) In section 3(1) of the Rail Corporations Act
1996, the definitions of "declared railway service"
5 and "Office" are repealed.
(2) Sections 14 to 18 of the Rail Corporations Act
1996 are repealed.
Division 7--Other Amendments
25. Purpose of Act
10 In section 1 of the Rail Corporations Act 1996,
after "Track" insert "and certain passenger
transport corporations".
26. Disclosure of interests
In clause 11 of Schedule 1 to the Rail
15 Corporations Act 1996, after sub-clause (4)
insert--
"(5) Sub-clauses (1) and (2) do not apply in relation to a
matter relating to an existing or proposed contract of
insurance or instrument of indemnity merely because
20 the contract or instrument insures or indemnifies, or
would insure or indemnify, a director against a
liability (other than a liability referred to in section
26) incurred by the director as an officer of the rail
corporation.".
25 Division 8--Transitional Provisions
27. New Part 4 substituted
For Part 4 of the Rail Corporations Act 1996
substitute--
"PART 4--MISCELLANEOUS
30 60. Privatisation of V/Line Freight
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On the commencement of section 4 of the
Rail Corporations (Amendment) Act
1997--
(a) V/Line Freight is abolished;
5 (b) all directors of V/Line Freight go out of
office;
(c) the chief executive officer of V/Line
Freight 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 V/Line Freight.".
28. New section 61 inserted
In Part 4 of the Rail Corporations Act 1996,
15 after proposed section 60 insert--
"61. No obligation to fence
(1) The Governor in Council, by Order
published in the Government Gazette, may
declare that this section applies, on and from
20 a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person or body specified in the
Order that--
(a) has entered into a contract with the
25 Secretary (within the meaning of the
Transport Act 1983) on behalf of the
Crown for the provision by that person
or body of a service carrying
passengers by railway or tramway; or
30 (b) has taken an assignment of the rights
and liabilities of a person or body
(other than the Secretary) under a
contract referred to in paragraph (a).
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531244B.I1-29/10/97
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s. 29
Act No.
(2) This section also applies to a person or body
to which the rights and liabilities under a
contract referred to in sub-section (1) of a
person or body specified in an Order made
5 under that sub-section have been assigned.
(3) Despite any Act or rule of law to the
contrary, a person or body to which this
section applies--
(a) is not required to fence or contribute to
10 the fencing of any portion of a railway
or tramway; and
(b) is not liable for any damage that may be
caused by reason of any railway or
tramway not being fenced in or fenced
15 off.
(4) A person or body to which this section
applies may, but is not obliged to, erect and
maintain such fences in connection with a
railway or tramway as it thinks proper.".
20 29. New section 62 inserted
In Part 4 of the Rail Corporations Act 1996,
after proposed section 61 insert--
"62. Power to break up roads, etc.
(1) The Governor in Council, by Order
25 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 or body specified in the
30 Order that--
(a) has entered into a contract with the
Secretary (within the meaning of the
Transport Act 1983) on behalf of the
Crown for the provision by that person
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s. 30
Act No.
or body of a service carrying
passengers by railway or tramway; or
(b) has taken an assignment of the rights
and liabilities of a person or body
5 (other than the Secretary) under a
contract referred to in paragraph (a).
(2) This section also applies to a person or body
to which the rights and liabilities under a
contract referred to in sub-section (1) of a
10 person or body specified in an Order made
under that sub-section have been assigned.
(3) After consultation with the Roads
Corporation and any relevant municipal
council, a person or body to which this
15 section applies--
(a) may open and break up, and divert
traffic from, any road on or adjacent to
which there is rail infrastructure or tram
infrastructure that is operated or
20 maintained by that person or body; and
(b) may take possession of, and use, the
whole or any portion of such a road.".
30. New section 63 inserted
In Part 4 of the Rail Corporations Act 1996,
25 after proposed section 62 insert--
"63. Power to install stopping places, etc.
(1) The Governor in Council, by Order
published in the Government Gazette, may
declare that this section applies, on and from
30 a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person or body specified in the
Order that--
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s. 30
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(a) has entered into a contract with the
Secretary (within the meaning of the
Transport Act 1983) on behalf of the
Crown for the provision by that person
5 or body of a service carrying
passengers by tramway; or
(b) has taken an assignment of the rights
and liabilities of a person or body
(other than the Secretary) under a
10 contract referred to in paragraph (a).
(2) This section also applies to a person or body
to which the rights and liabilities under a
contract referred to in sub-section (1) of a
person or body specified in an Order made
15 under that sub-section have been assigned.
(3) After consultation with the Roads
Corporation and any relevant municipal
council, a person or body to which this
section applies may install, remove or re-
20 locate stopping places and associated
facilities for transport services on any road
on or adjacent to which there is tram
infrastructure that is operated or maintained
by that person.".
25 _______________
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s. 31
Act No.
PART 3--AMENDMENT OF TRANSPORT ACT 1983
31. Definitions
No. 9921.
In section 2(1) of the Transport Act 1983, insert
Reprint No. 5
the following definitions-- as at 1 June
1997. Further
5 ' "passenger transport company" means-- amended by
Nos 28/1996
(a) the Public Transport Corporation; or and 37/1996.
(b) a rail corporation within the meaning of
the Rail Corporations Act 1996 that
provides a service of carrying
10 passengers by railway or tramway; or
(c) a person or body that has entered into a
contract with the Secretary on behalf of
the Crown for the provision by that
person or body of a service carrying
15 passengers by railway or tramway;
"Rail Track" means Victorian Rail Track
established by Division 2 of Part 2 of the
Rail Corporations Act 1996;'.
32. New section 14A inserted
20 After section 14 of the Transport Act 1983
insert--
"14A. Withdrawal of certain functions and powers
from PTC
(1) If a person or body is given a function of
25 providing a transport service of a particular
kind in a particular area and, but for this
section, the Public Transport Corporation
would also have that function in relation to
that kind of transport service in that area, the
30 Public Transport Corporation does not have
that function and any power or duty that the
Public Transport Corporation has in
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s. 33
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connection with, or as incidental to, the
performance of that function is withdrawn
accordingly.
(2) Sub-section (1) applies--
5 (a) despite anything to the contrary in this
or any other Act; and
(b) where a person or body is given a
function--
(i) under Part 2 of the Rail
10 Corporations Act 1996; or
(ii) under a contract entered into with
the Secretary on behalf of the
Crown; or
(iii) under a contract rights and
15 liabilities under which have been
assigned to the Secretary on
behalf of the Crown; or
(iv) by virtue of, or in connection
with, a transfer of property, rights
20 or liabilities to that person or body
under Division 2 of Part 3 of the
Rail Corporations Act 1996.".
33. Loop developments
(1) In section 54(1), (2), (4), (5) and (6) of the
25 Transport Act 1983, for "the Public Transport
Corporation" substitute "Rail Track".
(2) In section 54(1) and (2)(c) of the Transport Act
1983, for "that Corporation" substitute "Rail
Track".
30 34. Authorised officers
(1) In section 211 of the Transport Act 1983, after
sub-section (2) insert--
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s. 34
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"(3) The Secretary may only appoint under sub-
section (1) a person whom the Secretary is
satisfied--
(a) is competent to exercise the functions
5 conferred on an authorised officer; and
(b) is of good repute, having regard to
character, honesty and integrity; and
(c) has agreed in writing to exercise the
functions conferred on an authorised
10 officer according to performance
criteria established from time to time by
the Secretary.
(4) The Secretary must issue an identity card to
any person appointed by him or her under
15 sub-section (1).
(5) An identity card under sub-section (4)
must--
(a) contain a photograph of the authorised
officer; and
20 (b) contain the signature of the authorised
officer; and
(c) be signed by an officer of the
Department authorised by the Secretary
to do so either generally or in any
25 particular case.
(6) A person issued with an identity card under
sub-section (4) must produce it on being
requested to do so.
Penalty: 5 penalty units.
30 (7) Any action taken or thing done by an
authorised officer is not invalidated by his or
her failure to produce his or her identity
card.
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s. 34
Act No.
(8) A person must not falsely represent himself
or herself to be an authorised officer.
Penalty: 10 penalty units.".
(2) In section 218B of the Transport Act 1983, after
5 sub-section (1A) insert--
"(1B) The Secretary may only appoint under sub-
section (1) a person whom the Secretary is
satisfied--
(a) is competent to exercise the functions
10 conferred on an authorised officer; and
(b) is of good repute, having regard to
character, honesty and integrity; and
(c) has agreed in writing to exercise the
functions conferred on an authorised
15 officer according to performance
criteria established from time to time by
the Secretary.
(1C) The Secretary must issue an identity card to
any person appointed by him or her under
20 sub-section (1).
(1D) An identity card under sub-section (1C)
must--
(a) contain a photograph of the authorised
officer; and
25 (b) contain the signature of the authorised
officer; and
(c) be signed by an officer of the
Department authorised by the Secretary
to do so either generally or in any
30 particular case.
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(1E) A person issued with an identity card under
sub-section (1C) must produce it on being
requested to do so.
Penalty: 5 penalty units.
5 (1F) Any action taken or thing done by an
authorised officer is not invalidated by his or
her failure to produce his or her identity
card.
(1G) A person must not falsely represent himself
10 or herself to be an authorised officer.
Penalty: 10 penalty units.".
35. Travelling without valid ticket
(1) In section 221(1)(b) of the Transport Act 1983,
for "the Public Transport Corporation" substitute
15 "a passenger transport company".
(2) In section 221(6) of the Transport Act 1983, for
"the Public Transport Corporation" substitute "a
passenger transport company".
(3) In section 221(7) of the Transport Act 1983--
20 (a) for "the Public Transport Corporation"
substitute "a passenger transport company";
(b) for "that Corporation" (wherever occurring)
substitute "that company".
36. New sections 221A and 221B inserted
25 After section 221 of the Transport Act 1983
insert--
"221A. Authorized persons
(1) The Secretary may only authorise under
section 221(1)(c) a person whom the
30 Secretary is satisfied--
(a) is competent to exercise the functions
conferred on an authorized person; and
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(b) is of good repute, having regard to
character, honesty and integrity; and
(c) has agreed in writing to exercise the
functions conferred on an authorized
5 person according to performance
criteria established from time to time by
the Secretary; and
(d) is employed or engaged by a passenger
transport company that has in place a
10 system for the management of
authorized persons that is accredited by
the Secretary under Division 4A as
being adequate for the purposes of
section 221.
15 (2) The Secretary must issue an identity card to
any person authorised by him or her under
section 221(1)(c).
(3) An identity card under sub-section (2)
must--
20 (a) contain a photograph of the authorized
person; and
(b) contain the signature of the authorized
person; and
(c) be signed by an officer of the
25 Department authorised by the Secretary
to do so either generally or in any
particular case.
(4) A person issued with an identity card under
sub-section (2) must produce it on being
30 requested to do so.
Penalty: 5 penalty units.
(5) Any action taken or thing done by an
authorized person is not invalidated by his or
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her failure to produce his or her identity
card.
(6) A person must not falsely represent himself
or herself to be an authorized person.
5 Penalty: 10 penalty units.
(7) The Secretary may at any time, by written
notice served on the authorized person,
revoke an authorisation under section
221(1)(c) if satisfied that--
10 (a) the authorized person has on any
occasion in exercising his or her
functions acted unreasonably or abused
his or her power; or
(b) the authorized person has been
15 convicted or found guilty of an offence
of a kind that, in the opinion of the
Secretary, renders it inappropriate that
he or she continue as an authorized
person; or
20 (c) the authorized person has, in
connection with the granting of the
authorisation, given false or misleading
information.
(8) An authorisation under section 221(1)(c)
25 ceases to exist by force of this sub-section
if--
(a) the passenger transport company by
which the authorized person is
employed or engaged ceases to be
30 accredited for the purposes of section
221; or
(b) the authorized person ceases to be
employed or engaged by that company.
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(9) An authorized person may apply to the
Administrative Appeals Tribunal for a
review of a decision by the Secretary under
sub-section (7) to revoke his or her
5 authorisation.
221B. Application by proposed employee
(1) A person who is seeking, or proposing to
seek, to become employed or engaged by a
passenger transport company may apply to
10 the Secretary for a certificate as to whether
or not, in the opinion of the Secretary, that
person meets the criteria specified in section
221A(1)(a) and (b).
(2) An application--
15 (a) must be made in the manner and form
determined by the Secretary;
(b) must be accompanied by--
(i) the prescribed application fee;
(ii) any other things that are
20 prescribed.
(3) The Secretary may require an applicant--
(a) to furnish further information specified
by the Secretary; or
(b) to verify, by statutory declaration,
25 information furnished for the purposes
of the application.".
37. New Division 4A inserted in Part VII
After Division 4 of Part VII of the Transport Act
1983 insert--
30 "Division 4A--Accreditation of passenger
transport companies
228A. Application for accreditation
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s. 37
Act No.
(1) A passenger transport company may apply to
the Secretary for accreditation for the
purposes of section 221.
(2) An application--
5 (a) must be made in the manner and form
determined by the Secretary;
(b) must be accompanied by--
(i) the prescribed application fee;
(ii) any other things that are
10 prescribed.
(3) The Secretary may require an applicant for
accreditation--
(a) to furnish further information specified
by the Secretary; or
15 (b) to verify, by statutory declaration,
information furnished for the purposes
of the application.
228B. Matters to be considered by Secretary
In determining whether to give an
20 accreditation, the Secretary must consider--
(a) the system that the applicant has in
place, or proposes to have in place, for
the management of authorized persons;
and
25 (b) any matters that are prescribed.
228C. Giving or refusal of accreditation
(1) The Secretary may give or refuse to give an
accreditation.
(2) If the Secretary refuses to give an
30 accreditation, the Secretary must notify the
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s. 37
Act No.
applicant in writing of the refusal and the
reasons for it.
228D. Conditions of accreditation
(1) An accreditation is subject to--
5 (a) any prescribed condition;
(b) any other condition imposed by the
Secretary.
(2) Particulars of an accreditation and of the
conditions to which it is subject are to be
10 given in writing by the Secretary to the
accredited company.
228E. Change of conditions etc.
(1) The Secretary may at any time vary or
revoke a condition of an accreditation or
15 impose a new condition.
(2) The Secretary may act under sub-section
(1)--
(a) of his or her own initiative; or
(b) on the written application of the
20 accredited company.
(3) Except where the Secretary considers it
necessary to take action in the interests of
public safety, the Secretary must, before
taking action under sub-section (2)(a), give
25 the accredited company written notice of the
intended action and allow it to make written
representations about the intended action
within 10 working days.
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(4) Particulars of any action taken under sub-
section (1) are to be given in writing by the
Secretary to the accredited company.
228F. Duration of accreditation
5 (1) An accreditation remains in force for the
prescribed period unless--
(a) the accreditation is sooner cancelled or
surrendered; or
(b) that period is shortened under section
10 228N(3)(b)(iii).
(2) The Secretary may give a temporary
accreditation for a period of less than 12
months.
228G. Requirement to notify Secretary about
15 charges, etc.
If at any time while an accreditation is in
force--
(a) the accredited company becomes aware
that an authorized person employed or
20 engaged by it has been convicted or
found guilty of an offence or has been
charged with an offence and the charge
has not been finally disposed of; and
(b) particulars of that conviction, finding or
25 charge have not previously been given
by the accredited company to the
Secretary--
the accredited company must immediately
notify the Secretary of the particulars of that
30 conviction, finding or charge.
Penalty: 10 penalty units.
228H. Periodical returns
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s. 37
Act No.
(1) A company that holds an accreditation (other
than a temporary accreditation) must, for
each prescribed period, lodge with the
Secretary by the prescribed date a return
5 containing the prescribed information.
(2) If an accredited company fails to comply
with sub-section (1), the Secretary may, by
notice in writing served on it, require that
company to make good the default.
10 (3) If an accredited company fails to comply
with a notice under sub-section (2) within 14
days after service of the notice, the
accreditation is, by force of this sub-section,
suspended until it complies with the notice.
15 (4) If an accredited company fails to comply
with a notice under sub-section (2) within 6
months after service of the notice, the
accreditation is, by force of this sub-section,
cancelled.
20 228I. Application for renewal of accreditation
(1) An accredited company (other than the
holder of a temporary accreditation) may
apply to the Secretary for renewal of the
accreditation.
25 (2) The holder of a temporary accreditation may,
within the period of 2 years beginning at the
commencement of section 37 of the Rail
Corporations (Amendment) Act 1997,
apply to the Secretary for renewal of the
30 temporary accreditation.
(3) A renewal application--
(a) must be made in the manner and form
determined by the Secretary;
(b) must be accompanied by--
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s. 37
Act No.
(i) the prescribed renewal application
fee;
(ii) any other things that are
prescribed.
5 (4) A renewal application must be made not
later than the prescribed number of days
before the expiry of the accreditation.
(5) Despite sub-section (4), the Secretary may
consider a renewal application made later
10 than the time applying under sub-section (4)
if the applicant pays the prescribed late
renewal application fee.
(6) The Secretary may refuse to consider a
renewal application made earlier than the
15 day prescribed for the purposes of this sub-
section.
228J. Renewal of accreditation
(1) The Secretary may renew or refuse to renew
an accreditation.
20 (2) On renewing an accreditation the Secretary
may--
(a) renew it as then in force; or
(b) vary or revoke any of the conditions to
which the accreditation is subject; or
25 (c) impose a new condition on the
accreditation.
(3) Particulars of the renewal of an accreditation
and of the conditions to which it is subject
are to be given in writing by the Secretary to
30 the accredited company.
(4) A renewed accreditation remains in force for
the prescribed period unless--
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s. 37
Act No.
(a) the accreditation is sooner cancelled or
surrendered; or
(b) that period is shortened under section
228N(3)(b)(iii).
5 (5) If the Secretary refuses to renew an
accreditation, the Secretary must notify the
accredited company in writing of the refusal
and the reasons for it.
228K. Nature of accreditation
10 (1) An accreditation--
(a) is personal to the accredited company;
(b) is not capable of being transferred or
assigned to any other person or, subject
to sub-section (3), otherwise dealt with
15 by the accredited company;
(c) does not vest by operation of law in any
other person.
(2) A purported transfer or assignment of an
accreditation and any other purported
20 dealing by the accredited company with an
accreditation (otherwise than under and in
accordance with sub-section (3)) is of no
effect.
(3) An accredited company may, with the
25 consent of the Secretary and in accordance
with the regulations, surrender an
accreditation.
(4) This section has effect despite anything in
any Act or rule of law to the contrary.
30 228L. False or misleading information
(1) A passenger transport company must not in,
or in relation to, an application for
accreditation or for the renewal of an
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s. 37
Act No.
accreditation give information that is false or
misleading in a material particular.
Penalty: 60 penalty units.
(2) In a proceeding for an offence against sub-
5 section (1) it is a defence to the charge for
the accused to prove that at the time at which
the offence is alleged to have been
committed, the accused believed on
reasonable grounds--
10 (a) in the case of false information--that
the information was true; or
(b) in the case of misleading information--
that the information was not
misleading.
15 228M. Secretary not liable for giving accreditation
No liability attaches to the Secretary for
giving an accreditation to any passenger
transport company under this Division.
228N. Supervision of accredited companies
20 (1) The Secretary may hold an inquiry for the
purpose of determining whether proper cause
exists for taking action against a passenger
transport company that is, or has been, an
accredited company.
25 (2) There is proper cause for taking action
against a passenger transport company that
is, or has been, an accredited company if--
(a) the company has failed to maintain an
adequate system for the management of
30 authorized persons; or
(b) the company obtained the accreditation
improperly.
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s. 37
Act No.
(3) If, following an inquiry, the Secretary is
satisfied that proper cause for taking action
against the passenger transport company
exists, the Secretary has power to do one or
5 more of the following--
(a) reprimand the company;
(b) if the company is accredited--
(i) warn the company that should
further proper cause for taking
10 action be found to exist, the
company may be disqualified
from holding an accreditation;
(ii) impose one or more new
conditions on the accreditation;
15 (iii) shorten the period for which the
accreditation is to remain in force;
(iv) suspend the accreditation for a
specified period or until a
specified event or until a further
20 determination made by the
Secretary;
(v) cancel the accreditation
immediately or with effect from a
specified later date;
25 (c) disqualify the company from holding
an accreditation--
(i) until a specified event; or
(ii) until a further determination made
by the Secretary.
30 (4) The Secretary may exercise the powers
conferred by this section in relation to
conduct occurring before or after the
commencement of section 37 of the Rail
Corporations (Amendment) Act 1997.
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s. 37
Act No.
228O. Procedure and powers
(1) In exercising his or her powers under section
228N, the Secretary--
(a) must act fairly and according to equity
5 and good conscience without regard to
technicalities or legal forms;
(b) is not required to conduct himself or
herself in a formal manner;
(c) is not bound by rules or practice as to
10 evidence but may inform himself or
herself in relation to any matter in any
manner that he or she thinks fit.
(2) For the purpose of and in connection with
any inquiry under section 228N, the
15 Secretary has the powers conferred by
sections 14, 15, 16, 20, 20A and 21A of the
Evidence Act 1958 on a board appointed by
the Governor in Council and those sections
apply as if the Secretary were the sole
20 member of the board.
(3) Subject to this Division and the regulations,
the procedure of the Secretary on or in
connection with an inquiry under section
228N is in his or her discretion.
25 228P. Immediate power of suspension
(1) The Secretary may, subject to and in
accordance with the regulations, without
holding an inquiry under section 228N,
immediately suspend an accreditation given
30 to a passenger transport company under this
Division if the Secretary considers it
necessary to do so in the interests of public
safety.
(2) A suspension under this section may be for a
35 specified period or until a specified event or
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s. 38
Act No.
until a further determination made by the
Secretary.
(3) A passenger transport company whose
accreditation has been suspended under this
5 section may, by notice served on the
Secretary, require the Secretary to hold an
inquiry under section 228N.
(4) The Secretary must commence an inquiry
under section 228N within 7 days after the
10 service on him or her of a notice under sub-
section (3).
(5) If an inquiry is held under section 228N, a
suspension under this section, if then still in
effect, ceases to have effect on the
15 completion of that inquiry.
(6) Nothing in this section limits any power of
the Secretary under section 228N.
228Q. Effect of suspension
A passenger transport company whose
20 accreditation is suspended is not accredited
during the period of suspension.
228R. Review by AAT
A passenger transport company may apply to
the Administrative Appeals Tribunal for
25 review of a decision by the Secretary under
this Division in relation to--
(a) an application for accreditation or
renewal of an accreditation; or
(b) an accreditation; or
30 (c) a passenger transport company that is,
or has been, accredited under this
Division.".
38. Tourist railways
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Rail Corporations (Amendment) Act 1997
s. 38
Act No.
In section 248 of the Transport Act 1983--
(a) in paragraph (a), for "the Public Transport
Corporation" substitute "a passenger
transport company or Rail Track";
5 (b) in paragraph (b)(ii) and (iii), for "the Public
Transport Corporation" substitute "a
passenger transport company".
_______________
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s. 39
Act No.
PART 4--AMENDMENT OF OTHER ACTS
No. 3194. 39. Border Railways Act 1922
Amended by
(1) For the definition of "Authority" in section 4 of
Nos 9921,
9956 and
the Border Railways Act 1922 substitute--
31/1994.
5 ' "Authority" means Victorian Rail Track
established by Division 2 of Part 2 of the
Rail Corporations Act 1996;'.
(2) In section 4 of the Border Railways Act 1922, at
the end of the section insert--
10 "(2) On the commencement of section 39 of the
Rail Corporations (Amendment) Act
1997, Victorian Rail Track becomes the
successor in law of the Public Transport
Corporation as the Authority under and for
15 the purposes of this Act and the Agreement
and, without limiting the generality of this
provision, on that commencement Victorian
Rail Track shall, by force of this sub-
section--
20 (a) be substituted as a party to any
arrangement or contract to which the
Public Transport Corporation as the
Authority was a party immediately
before that commencement; and
25 (b) be substituted as a party to any
proceedings pending in any court or
tribunal to which the Public Transport
Corporation as the Authority was a
party immediately before that
30 commencement.".
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Rail Corporations (Amendment) Act 1997
s. 40
Act No.
40. Borrowing and Investment Powers Act 1987 No. 13/1987.
Reprint No. 4
In Schedule 1 to the Borrowing and Investment as at 12
Powers Act 1987, after item 8 insert-- September
1997.
"8A. Met Train 1 5, 8, 10, 11, 11AA, 11AB,
5 13, 14, 14A, 15, 20, 20A
and 21
8B. Met Train 2 5, 8, 10, 11, 11AA, 11AB,
13, 14, 14A, 15, 20, 20A
and 21
10 8C. Met Tram 1 5, 8, 10, 11, 11AA, 11AB,
13, 14, 14A, 15, 20, 20A
and 21
8D. Met Tram 2 5, 8, 10, 11, 11AA, 11AB,
13, 14, 14A, 15, 20, 20A
15 and 21.".
No. 6228.
41. Country Fire Authority Act 1958
Reprint No. 7
as at
In section 3 of the Country Fire Authority Act
7 November
1958, in the definition of "heat engine" after 1996. Further
amended by
"Corporation" insert "or Victorian Rail Track
Nos 59/1996,
20 established by Division 2 of Part 2 of the Rail 24/1997 and
36/1997.
Corporations Act 1996".
No. 6231.
42. Crimes Act 1958
Reprint No. 13
as at 5 June
In Form 21 in the Sixth Schedule to the Crimes
1997. Further
Act 1958, for "the Public Transport Corporation" amended by
25 Nos 66/1996,
(where twice occurring) substitute "C.D.".
26/1997,
30/1997,
44/1997 and
48/1997.
No. 22/1991.
43. Docklands Authority Act 1991
Reprinted to
In section 28(2) of the Docklands Authority Act No. 107/1995.
Further
1991-- amended by
Nos 9/1996
(a) after "Public Transport Corporation" insert and 73/1996.
30 ", Victorian Rail Track established by
59
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Rail Corporations (Amendment) Act 1997
s. 44
Act No.
Division 2 of Part 2 of the Rail
Corporations Act 1996";
(b) for "Authority or Corporation" substitute
"Corporation, Authority or other body".
No. 30/1986.
5 44. Emergency Management Act 1986
Reprinted to
In section 22 of the Emergency Management
No. 97/1994.
Act 1986, at the end of the section insert--
"(2) For the purposes of this Part, a rail
corporation within the meaning of the Rail
10 Corporations Act 1996 is deemed to be a
government agency.
(3) Sub-section (2) does not prevent a rail
corporation deemed by that sub-section to be
a government agency from receiving
15 compensation under section 24 for the taking
and use of its property.".
No. 6244. 45. Essential Services Act 1958
Reprint No. 4
In section 3 of the Essential Services Act 1958,
as at 15 May
1997.
in the definition of "essential service" for "the
20 Public Transport Corporation" substitute "a
passenger transport company within the meaning
of the Transport Act 1983, a rail corporation
within the meaning of the Rail Corporations Act
1996".
No. 9428.
25 46. Estate Agents Act 1980
Reprint No. 5
In section 5(1)(b) of the Estate Agents Act 1980,
as at 23
January 1997.
after "Public Transport Corporation," insert
"Victorian Rail Track established by Division 2 of
Part 2 of the Rail Corporations Act 1996,".
No. 7733.
30 47. Fences Act 1968
Reprint No. 5
In section 19(4) of the Fences Act 1968, after
as at 22
August 1997.
"1983" insert "or a passenger transport company
within the meaning of that Act or in a rail
60
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Rail Corporations (Amendment) Act 1997
s. 48
Act No.
corporation within the meaning of the Rail
Corporations Act 1996".
No. 9667.
48. Historic Buildings Act 1981
Reprinted to
In section 3 of the Historic Buildings Act 1981, No. 62/1991
and
5 in the definition of "public authority" after "Public subsequently
Transport Corporation," insert "Victorian Rail amended by
Nos 126/1993,
Track established by Division 2 of Part 2 of the 130/1993,
Rail Corporations Act 1996,". 31/1994,
49/1994,
53/1994,
110/1994,
112/1994,
31/1995,
56/1995,
82/1995,
93/1995,
100/1995 and
71/1996.
No. 6284.
49. Land Act 1958
Reprint No. 8
10 (1) In section 341(1)(c) of the Land Act 1958, after as at 1
February
"Corporation" insert "or Victorian Rail Track 1997.
established by Division 2 of Part 2 of the Rail
Corporations Act 1996".
(2) In section 348 of the Land Act 1958--
15 (a) after "Corporation" (where first occurring)
insert "or Victorian Rail Track established
by Division 2 of Part 2 of the Rail
Corporations Act 1996";
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s. 51
Act No.
(b) after "Corporation" (where secondly
occurring) insert "or Victorian Rail Track
(as the case requires)".
(3) In section 355 of the Land Act 1958, after
5 "Corporation" insert "or Victorian Rail Track
established by Division 2 of Part 2 of the Rail
Corporations Act 1996".
No. 6295. 50. Limitation of Actions Act 1958
Reprinted to
In section 7A of the Limitation of Actions Act
No. 120/1993.
10 1958--
(a) after "1983" insert "or of Victorian Rail
Track established by Division 2 of Part 2 of
the Rail Corporations Act 1996";
(b) after "that Corporation" insert "or Victorian
15 Rail Track (as the case requires)".
No. 6310. 51. Melbourne and Metropolitan Board of Works Act
Reprint No. 8
1958
as at 17 April
1997. Further
(1) In section 149 of the Melbourne and
amended by
Metropolitan Board of Works Act 1958--
Nos 38/1997
and 45/1997.
20 (a) for "the Public Transport Corporation"
(where first occurring) substitute "a
passenger transport company within the
meaning of the Transport Act 1983 or a rail
corporation within the meaning of the Rail
25 Corporations Act 1996";
(b) for "the Public Transport Corporation"
(where secondly occurring) substitute "that
company or corporation";
(c) for "the Public Transport Corporation"
30 (where thirdly occurring) substitute "a
passenger transport company or rail
corporation";
(d) for "objections it have" substitute
"objections it has".
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Rail Corporations (Amendment) Act 1997
s. 52
Act No.
(2) In section 259(1) of the Melbourne and
Metropolitan Board of Works Act 1958, in the
definition of "public corporation" after "Public
Transport Corporation," insert "Victorian Rail
5 Track established by Division 2 of Part 2 of the
Rail Corporations Act 1996,".
(3) In section 276(7) of the Melbourne and
Metropolitan Board of Works Act 1958--
(a) for "the Public Transport Corporation"
10 substitute "a passenger transport company
within the meaning of the Transport Act
1983 or Victorian Rail Track established by
Division 2 of Part 2 of the Rail
Corporations Act 1996";
15 (b) for "them" substitute "it".
No. 107/1995.
52. Melbourne City Link Act 1995
Reprint No. 1
In section 3 of the Melbourne City Link Act as at 8 August
1997.
1995, in the definition of "public body" after
paragraph (f) insert--
20 "(g) a passenger transport company within the
meaning of the Transport Act 1983;".
No. 8702.
53. National Parks Act 1975
Reprint No. 6
(1) In section 3(2) of the National Parks Act 1975, as at 12
September
after "Public Transport Corporation" insert 1997.
25 ", Victorian Rail Track established by Division 2
of Part 2 of the Rail Corporations Act 1996,".
(2) In section 28 of the National Parks Act 1975, for
"The Public Transport Corporation" substitute
"Victorian Rail Track established by Division 2 of
30 Part 2 of the Rail Corporations Act 1996".
No. 7541.
54. Pipelines Act 1967
Reprinted to
(1) In section 32(1)(i) of the Pipelines Act 1967, after No. 52/1994.
"Corporation" insert "and Victorian Rail Track
63
531244B.I1-29/10/97
Rail Corporations (Amendment) Act 1997
s. 55
Act No.
established by Division 2 of Part 2 of the Rail
Corporations Act 1996".
(2) In section 32(1)(ii) of the Pipelines Act 1967,
after "Corporation" insert "and Victorian Rail
5 Track established by Division 2 of Part 2 of the
Rail Corporations Act 1996".
(3) In section 32(2) of the Pipelines Act 1967, after
"Public Transport Corporation" insert ", Victorian
Rail Track".
10 (4) In section 32(3) of the Pipelines Act 1967, after
"Public Transport Corporation" insert ", Victorian
Rail Track,".
No. 6388. 55. Survey Co-ordination Act 1958
Reprinted to
In section 23 of the Survey Co-ordination Act
No. 56/1995.
15 1958, in paragraph (b) of the definition of "public
authority" after "the Public Transport
Corporation," insert "Victorian Rail Track
established by Division 2 of Part 2 of the Rail
Corporations Act 1996,".
No. 111/1986.
20 56. Transport Accident Act 1986
Reprint No. 4
(1) In section 3(1) of the Transport Accident Act
as at 10 April
1997.
1986, after the definition of "injury" insert--
' "manage", in relation to a railway or tramway,
means responsible for providing access to
25 railway trains or trams to operate on the
railway or tramway;'.
(2) In section 64(2) of the Transport Accident Act
1986--
(a) after "Victoria" insert "and the person who
30 manages a railway or tramway in Victoria";
(b) for "that Authority or person" substitute "it
or on a railway or tramway managed by it
(as the case requires)".
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531244B.I1-29/10/97
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s. 56
Act No.
(3) In section 94(1)(b) of the Transport Accident
Act 1986, after "tram" (where first occurring)
insert ", and the manager of the railway or
tramway on which a railway train or tram is
5 operated,".
(4) In section 94(2)(b) of the Transport Accident
Act 1986, omit "113 or".
(5) Section 113 of the Transport Accident Act 1986
is repealed.
10 (6) In section 115 of the Transport Accident Act
1986, for sub-sections (1) and (2) substitute--
"(1) The Commission may enter into an
agreement with the manager of a railway or
tramway in relation to the payment of
15 charges for the purposes of this Act in
respect of the operation of railway trains or
trams on that railway or tramway.
(2) A person must not provide access to a
railway or tramway to the owner or operator
20 of a railway train or a tram if there is not in
force an agreement under sub-section (1) in
relation to that railway or tramway.
(2A) A person who is seeking to enter into an
agreement with the Commission under sub-
25 section (1), or who has entered into such an
agreement, must furnish to the Commission
any documents and other information that
the Commission may reasonably require in
order to enable it to determine the amount of
30 charges payable for the purposes of this Act
in respect of the operation of railway trains
or trams on a railway or tramway.".
(7) In section 115(3) of the Transport Accident Act
1986, after "(2)" insert "or (2A)".
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s. 57
Act No.
(8) In section 115 of the Transport Accident Act
1986, after sub-section (3) insert--
"(4) An agreement under section 113 or sub-
section (1) in force immediately before the
5 commencement of section 56 of the Rail
Corporations (Amendment) Act 1997
continues in force with respect to a railway
or tramway until--
(a) an agreement is made under sub-section
10 (1) with the manager of that railway or
tramway; or
(b) the date on which it expires under the
terms of the agreement--
whichever is the sooner, despite the
15 commencement of that section and despite
anything to the contrary in the agreement.".
No. 80/1992. 57. Treasury Corporation of Victoria Act 1992
Reprinted to
(1) In section 36A of the Treasury Corporation of
No. 100/1995.
Further
Victoria Act 1992, in the definition of "public
amended by
20 authority", after "Grain Elevators Board," insert
Nos 73/1996,
79/1996 and
"Met Train 1, Met Train 2, Met Tram 1, Met Tram
35/1997.
2,".
(2) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992, after the entry relating to
25 Victorian Channels Authority insert--
"Met Train 1 Rail Corporations
Act 1996
Met Train 2 Rail Corporations
Act 1996
30 Met Tram 1 Rail Corporations
Act 1996
Met Tram 2 Rail Corporations
Act 1996".
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s. 59
Act No.
58. Water Act 1989 No. 80/1989.
Reprint No. 3
(1) In section 241 of the Water Act 1989, after sub- as at 28 July
section (2) insert-- 1997.
"(2A) If land in respect of which a right of access is
5 sought is owned by Victorian Rail Track
established by Division 2 of Part 2 of the
Rail Corporations Act 1996, the notice
required under section 234(1) must be served
on Victorian Rail Track, and Victorian Rail
10 Track may enter into an agreement under
section 234 with the person seeking the right
of access.".
(2) In section 241(3) and (4) of the Water Act 1989,
for "or the Public Transport Corporation"
15 substitute ", the Public Transport Corporation or
Victorian Rail Track".
No. 46/1989.
59. Wheat Marketing Act 1989
Reprint No. 1
as at
In section 7(6) of the Wheat Marketing Act
31 October
1989, for "the Public Transport Corporation" 1996.
20 substitute "a person or body operating rail freight
services".
67
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
68
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