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PARLIAMENT OF VICTORIA
Rail Corporations (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENT OF PRINCIPAL ACT 3
4. Definitions 3
5. Functions and powers of V/Line Freight and Rail Track 3
6. New section 7A inserted 4
7A. Clearance of trees etc. 4
7B. No obligation to fence 5
7C. Power to break up roads, etc. 5
7. New Division 2E inserted 6
Division 2E--V/Line Passenger Corporation 6
18ZA. Establishment 6
18ZB. V/Line Passenger Corporation not to represent the
Crown 7
18ZC. Objective 7
18ZD. Functions and powers 7
18ZE. No obligation to fence 9
18ZF. Power to break up roads, etc. 9
8. New section 37A inserted 9
37A. Directions 9
9. Annual report 10
10. New Part 2A inserted 10
PART 2A--ACCESS REGIME 10
38A. Application of Office of the Regulator-General Act
1994 10
38B. Objective of the Office of the Regulator-General 10
38C. Declaration of rail transport services 11
38D. Meaning of "operate" 11
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Clause Page
38E. Obligations of operator in relation to declared rail
transport services 12
38F. Procedure if disputes arise 12
38G. What may determination deal with? 13
38H. Office may seek information 14
38I. Restriction on making determination 14
38J. Making of determination 14
38K. Costs 15
38L. Amendment or revocation of determination 15
38M. Pricing and other principles 15
38N. Hindering access 16
38O. Financial and business records 16
38P. Restriction on disclosure of confidential information 18
38Q. No appeals against determination 21
38R. Extra-territorial operation 22
11. New section 60A inserted 22
60A. Clearance of trees 22
12. Extension of sections 61 and 62 24
13. New section 64 inserted 25
64. Supreme Court--limitation of jurisdiction 25
14. Amendments consequential on appointment of administrator of
PTC 25
PART 3--AMENDMENT OF TRANSPORT ACT 1983 26
15. New Division 3A inserted in Part II 26
Division 3A--The PTC Administrator 26
17. Appointment of Administrator to PTC 26
18. Vacancy etc. in office of Administrator 26
19. Deputy Administrator 27
20. Resignation and removal 27
20A. Functions and powers 28
20B. Staff of Administrator 28
20C. Functions and powers 28
20D. Delegation 29
20E. Directions 29
16. Amendments consequential on appointment of administrator 30
NOTES 33
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532082B.I1-22/4/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Rail Corporations Act 1996 and the Transport Act
1983 and for other purposes.
Rail Corporations (Amendment) Act
1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Rail
Corporations Act 1996 and the Transport Act
5 1983 so as to--
(a) establish a new statutory corporation to
operate rural rail passenger services;
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(b) regulate access to certain rail or tram
infrastructure and facilitate the entering into
of certain leasing arrangements in respect of
rail or tram infrastructure;
5 (c) enable binding Ministerial directions to be
given to rail corporations;
(d) provide for the appointment of an
Administrator to the Public Transport
Corporation.
10 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
provisions of this Act come into operation on a
15 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.
3. Principal Act
No. 79/1996.
20 In this Act, the Rail Corporations Act 1996 is
Amended by
called the Principal Act.
No. 104/1997.
_______________
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PART 2--AMENDMENT OF PRINCIPAL ACT
4. Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
5 ' "declared rail transport service" means a rail
transport service declared by an Order under
section 38C;
"Office" means Office of the Regulator-General
established under the Office of the
10 Regulator-General Act 1994;
"rail transport service" means a service
comprising access to, or use of, rail or tram
infrastructure owned by Rail Track, the
Public Transport Corporation or the
15 Secretary to the Department of
Infrastructure;'.
(2) In the definition of "rail corporation" in section
3(1) of the Principal Act, after "means" insert
"V/Line Passenger Corporation or".
20 5. Functions and powers of V/Line Freight and Rail
Track
(1) In section 7(1) of the Principal Act, after
paragraph (b) insert--
"(ba) to direct, control and charge for access to,
25 and movement of rolling stock on,
railways;".
(2) In section 7(2) of the Principal Act, after
paragraph (a) insert--
"(ab) may establish, manage and maintain rail
30 infrastructure and acquire and operate rolling
stock for the purpose of carrying out its
functions;".
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(3) In section 11(3)(e) of the Principal Act, after
"persons" insert "including leasing to any other
person any rail infrastructure or tram
infrastructure owned by it".
5 6. New section 7A inserted
After section 7 of the Principal Act insert--
"7A. Clearance of trees etc.
(1) V/Line Freight, by written notice, may
require the owner or occupier of any land to
10 fell and remove any tree or wood on that
land that is within 60 metres of a railway
track operated or maintained by it and that
could obstruct or endanger the railway track
or obstruct a view of a signal box from any
15 portion of the railway track.
(2) Notice under sub-section (1) may be served
on an owner or occupier--
(a) personally; or
(b) by sending it by post to the owner or
20 occupier at that person's usual or last
known residential or business address;
or
(c) by leaving it at the usual or last known
residential or business address of the
25 owner or occupier with a person on the
premises who is apparently at least
16 years old and apparently residing or
employed there; or
(d) in a manner prescribed by any other
30 Act or law for service on a person or
class of persons of the same type as the
owner or occupier; or
(e) if the identity or address of the owner
or occupier is not known--
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(i) by displaying it on the land; and
(ii) by publishing a copy of it and a
description of the land in a
newspaper circulating generally in
5 Victoria.
(3) If the owner or occupier of the land does not
comply with the notice within the time
specified in the notice, V/Line Freight
may--
10 (a) enter the land at any reasonable time
and carry out the work specified in the
notice; and
(b) recover the cost of carrying out the
work from the owner or occupier as a
15 debt.
7B. No obligation to fence
(1) Despite any Act or rule of law to the
contrary, V/Line Freight--
(a) is not required to fence or contribute to
20 the fencing of any portion of a railway;
and
(b) is not liable for any damage that may be
caused by reason of any railway not
being fenced in or fenced off.
25 (2) V/Line Freight may, but is not obliged to,
erect and maintain such fences in connection
with a railway as it thinks proper.
7C. Power to break up roads, etc.
After consultation with the Roads
30 Corporation and any relevant municipal
council, V/Line Freight--
(a) may open and break up, and divert
traffic from, any road on or adjacent to
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which there is rail infrastructure that is
operated or maintained by V/Line
Freight; and
(b) may take possession of, and use, the
5 whole or any portion of such a road.".
7. New Division 2E inserted
Before Division 3 of Part 2 of the Principal Act
insert--
"Division 2E--V/Line Passenger Corporation
10 18ZA. Establishment
(1) V/Line Passenger Corporation is established.
(2) V/Line Passenger Corporation--
(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 V/Line Passenger Corporation affixed
to a document and, until the contrary is
25 proved, must presume that it was duly
affixed.
(4) The official seal of V/Line Passenger
Corporation must be kept in such custody as
V/Line Passenger Corporation directs and
30 must not be used except as authorised by
V/Line Passenger Corporation.
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18ZB. V/Line Passenger Corporation not to
represent the Crown
V/Line Passenger Corporation is a public
authority but does not represent the Crown.
5 18ZC. Objective
The principal objective of V/Line Passenger
Corporation is to perform its functions in an
efficient and commercial manner.
18ZD. Functions and powers
10 (1) The functions of V/Line Passenger
Corporation are--
(a) to operate rural rail passenger services;
(b) to operate services ancillary or
incidental to its rail passenger services,
15 including road transport passenger
services;
(c) any other functions conferred on
V/Line Passenger Corporation by this
or any other Act.
20 (2) V/Line Passenger Corporation--
(a) may enter into contracts, agreements,
leases and licences for the carrying out
of its functions;
(b) may acquire and operate rail
25 infrastructure, rolling stock and other
vehicles for the purpose of carrying out
its functions;
(c) may engage agents or consultants;
(d) may act as agent of another person;
30 (e) may do all things necessary or
convenient to be done for, or in
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connection with, carrying out its
functions or achieving its objectives.
(3) Without limiting the generality of the
functions and powers conferred on it, V/Line
5 Passenger Corporation--
(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) V/Line Passenger Corporation 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 V/Line Passenger
Corporation or to any related franchise or
other agreement of any kind whatsoever.
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18ZE. No obligation to fence
(1) Despite any Act or rule of law to the
contrary, V/Line Passenger Corporation--
(a) is not required to fence or contribute to
5 the fencing of any portion of a railway;
and
(b) is not liable for any damage that may be
caused by reason of any railway not
being fenced in or fenced off.
10 (2) V/Line Passenger Corporation may, but is
not obliged to, erect and maintain such
fences in connection with a railway as it
thinks proper.
18ZF. Power to break up roads, etc.
15 After consultation with the Roads
Corporation and any relevant municipal
council, V/Line Passenger Corporation--
(a) may open and break up, and divert
traffic from, any road on or adjacent to
20 which there is rail infrastructure that is
operated or maintained by V/Line
Passenger Corporation; and
(b) may take possession of, and use, the
whole or any portion of such a road.".
25 8. New section 37A inserted
After section 37 of the Principal Act insert--
"37A. Directions
(1) The Treasurer and the Minister, acting
jointly, may, from time to time, by written
30 notice to the board of a rail corporation, give
such directions to the board as the Treasurer
and Minister think fit.
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(2) The board of a rail corporation must comply
with a direction given under this section but
an act or decision of the board is not invalid
merely because of a failure to comply with
5 such a direction.".
9. Annual report
In section 38(a) of the Principal Act, after "32"
insert "or 37A".
10. New Part 2A inserted
10 At the end of Part 2 of the Principal Act insert--
'PART 2A--ACCESS REGIME
38A. Application of Office of the Regulator-
General Act 1994
(1) This Part is relevant legislation for the
15 purposes of the Office of the Regulator-
General Act 1994.
(2) For the purposes of Part 3 of the Office of
the Regulator-General Act 1994--
(a) railways and rail infrastructure; and
20 (b) tramways and tram infrastructure--
are a regulated industry.
38B. Objective of the Office of the Regulator-
General
The objective of the Office in relation to the
25 regulated industry is, in addition to the
objectives under section 7 of the Office of
the Regulator-General Act 1994 (but
subject to section 4(2) of that Act), to ensure
users have fair and reasonable access to
30 declared rail transport services.
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38C. Declaration of rail transport services
(1) The Governor in Council on the
recommendation of the Minister, by Order
published in the Government Gazette, may
5 declare a rail transport service to be a
declared rail transport service for the
purposes of this Part until a date for the
expiry of the declaration specified in the
Order.
10 (2) The Minister may make a recommendation
under sub-section (1) in relation to a rail
transport service only if he or she is satisfied
that it is necessary to do so to promote
competition or increase efficiency or the
15 level of services to the public.
(3) A rail transport service may be declared to
be a declared rail transport service under
sub-section (1) with effect from any time on
or after the expiry of an earlier declaration.
20 38D. Meaning of "operate"
A person operates rail or tram infrastructure
for the purposes of this Part if the person--
(a) owns or leases rail or tram
infrastructure or has a right conferred
25 by an Act or a contract to manage rail
or tram infrastructure; and
(b) either--
(i) operates the signalling, rolling
stock control and communications
30 facilities of the railway or
tramway, as the case requires; or
(ii) carries out, on or about the
railway or tramway (as the case
requires), the construction,
35 maintenance, repair or alteration
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of any of the rail infrastructure or
tram infrastructure.
38E. Obligations of operator in relation to
declared rail transport services
5 (1) An operator of rail or tram infrastructure
must--
(a) use all reasonable endeavours to meet
the requirements of a person seeking
access to declared rail transport
10 services; and
(b) make a formal proposal of terms and
conditions for access within 14 days
after receiving a request or within such
longer period as is allowed by the
15 Office; and
(c) at the request of a person seeking, or
considering seeking, access to a
declared rail transport service, provide
to that person information of a kind and
20 in the form specified by the Office in a
notice given to the operator for the
purposes of this paragraph.
(2) The terms and conditions of access may vary
according to the actual and opportunity costs
25 to the operator, but must not vary simply
because of the identity of the person seeking
access.
38F. Procedure if disputes arise
(1) If an operator has not made a formal
30 proposal in accordance with section
38E(1)(b), the person seeking access to a
declared rail transport service may apply in
writing to the Office for the making of a
determination in accordance with section 26
35 of the Office of the Regulator-General Act
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1994 on access to the declared rail transport
service.
(2) If an operator and a person seeking access
cannot agree on the terms and conditions on
5 which access is to be provided, the operator
or the person seeking access may apply in
writing to the Office for the making of a
determination in accordance with section 26
of the Office of the Regulator-General Act
10 1994 on access to the declared rail transport
service.
(3) A person who considers that their right of
access to a declared rail transport service has
been hindered in contravention of section
15 38N may apply in writing to the Office for
the making of a determination in accordance
with section 26 of the Office of the
Regulator-General Act 1994 on access to
the declared rail transport service.
20 38G. What may determination deal with?
(1) A determination may deal with any matter
relating to access to the declared rail
transport service including, but not limited
to--
25 (a) requiring the operator to provide access
to the service to the person seeking
access;
(b) specifying the terms and conditions of
access;
30 (c) specifying the extent to which the
determination overrides an earlier
determination relating to access to the
service.
(2) A determination does not--
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(a) have to require the operator to provide
access to the person seeking access; or
(b) require the person seeking access to
accept access.
5 38H. Office may seek information
Within 20 days after receiving an application
under section 38F, the Office must give
notice in writing to the person making the
application or to any other person from
10 whom the Office is entitled to require
information under the Office of the
Regulator-General Act 1994 specifying--
(a) any information that the Office requires
the person to give so that the Office can
15 make a determination; and
(b) a reasonable time within which the
information must be provided.
38I. Restriction on making determination
The Office must not make a determination
20 providing access if the Office considers that
the making of the determination would
substantially impede the existing right of
access of another person unless the Office
has considered whether that person should be
25 compensated by the person seeking access
and, if it considers that compensation should
be paid by that person, has fixed the amount
of that compensation and made provision in
the determination for its payment.
30 38J. Making of determination
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(1) In making a determination the Office must--
(a) consider the matters specified in
paragraphs (i) and (j) of clause 6(4) of
the Competition Principles Agreement
5 made on 11 April 1995 between the
Commonwealth and all of the States
and Territories of the Commonwealth;
and
(b) apply any policies or principles
10 specified in any Order made under
section 38M(1).
(2) Subject to sub-section (3), the Office must
endeavour to determine an application under
section 38F within 30 days after receiving it,
15 excluding the period of time between the day
on which notice is given under section 38H
and the day on which the required
information is received by the Office.
(3) The Office may refuse to make a
20 determination if the Office considers that the
dispute is vexatious.
38K. Costs
The costs of the Office in making a
determination for the purposes of this Part
25 are to be paid equally by the operator and the
person seeking access.
38L. Amendment or revocation of determination
A person who is bound by a determination
may apply in writing to the Office for the
30 amendment or revocation of the
determination on the ground that there has
been a material change in circumstances.
38M. Pricing and other principles
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(1) The Governor in Council, by Order
published in the Government Gazette, may
specify policies or principles to be applied
by the Office in--
5 (a) determining any amount to be paid for
access to a specified declared rail
transport service; or
(b) determining the terms and conditions of
access; or
10 (c) generally determining an application
under section 38F.
(2) If an Order made under sub-section (1)
specifies a date on which the Order is to
cease to have effect, the Order cannot be
15 amended, varied or revoked before that date.
(3) Nothing in an Order made under sub-section
(1) limits the capacity of an operator to agree
to provide a person with access on terms and
conditions that are inconsistent within
20 anything specified in that Order.
38N. Hindering access
An operator of rail or tram infrastructure or
any person having access to a declared rail
transport service must not engage in any
25 conduct having the purpose of hindering
access to a declared rail transport service by
any other person in the reasonable exercise
of a right of access.
38O. Financial and business records
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(1) An operator of rail infrastructure must keep
financial and business records in respect of
declared rail transport services that are
separate from other aspects of any business
5 conducted by the operator.
(2) The financial and business records in respect
of declared rail transport services must be
prepared and maintained in accordance with
guidelines made by the Office.
10 (3) The operator must make the financial and
business records available to the Office when
required to do so by notice in writing given
by the Office.
(4) A requirement under sub-section (3) must
15 identify the information or document
required and must specify--
(a) by when the requirement must be
complied with; and
(b) in what form the information or copy of
20 the document is to be given to the
Office; and
(c) that the requirement is made under this
section and must include a copy of this
section and section 38P.
25 (5) A person must not, without lawful excuse,
fail to comply with a requirement made
under this section.
Penalty: 100 penalty units or imprisonment
for 2 years.
30 (6) It is a lawful excuse for the purposes of sub-
section (5) that compliance may tend to
incriminate the person or make the person
liable to a penalty for any other offence.
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(7) A person must not, in purported compliance
with a requirement made under this section,
knowingly give the Office information that is
false or misleading.
5 Penalty: 100 penalty units or imprisonment
for 2 years.
(8) A person must not--
(a) threaten, intimidate or coerce another
person; or
10 (b) take, threaten to take, incite or be
involved in any action that causes
another person to suffer any loss, injury
or disadvantage--
because that other person complied, or
15 intends to comply, with a requirement made
under this section.
Penalty: 100 penalty units or imprisonment
for 2 years.
(9) A person is not liable in any way for any
20 loss, damage or injury suffered by another
person because of the giving in good faith of
a document or information to the Office
under this section.
(10) Part 3A of the Office of the Regulator-
25 General Act 1994 does not apply to
financial and business records kept by an
operator of rail or tram infrastructure in
respect of declared rail transport services.
38P. Restriction on disclosure of confidential
30 information
(1) This section applies if information or a
document is given to the Office under
section 38O and, at the time it is given, the
person giving it states that it is of a
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confidential or commercially sensitive
nature.
(2) The Office must not disclose the information
or the contents of the document to any
5 person unless--
(a) it is of the opinion--
(i) that the disclosure of the
information or document would
not cause detriment to the person
10 supplying it; or
(ii) that although the disclosure of the
information or document would
cause detriment to the person
supplying it, the disclosure would
15 assist in achieving the objectives
of this Part and the benefit of
achieving those objectives would
outweigh any detriment caused by
the disclosure; and
20 (b) it is of the opinion, in relation to any
other person who is aware of the
information or the contents of the
document and who might be
detrimentally affected by the
25 disclosure--
(i) that the disclosure of the
information or document would
not cause detriment to that person;
or
30 (ii) that although the disclosure of the
information or document would
cause detriment to that person, the
disclosure would assist in
achieving the objectives of this
35 Part and the benefit of achieving
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those objectives would outweigh
any detriment caused by the
disclosure; and
(c) it gives the person who supplied the
5 information or document a written
notice--
(i) stating that the Office wishes to
disclose the information or
contents of the document,
10 specifying the nature of the
intended disclosure and setting out
detailed reasons why the Office
wishes to make the disclosure; and
(ii) stating that the Office is of the
15 opinion required by paragraph (a)
and setting out detailed reasons
why it is of that opinion; and
(d) if it is aware that the person who
supplied the information or document
20 in turn received the information or
document from another person and is
aware of that other person's identity and
address, it gives that other person a
written notice--
25 (i) containing the details required by
paragraph (c); and
(ii) stating that the Office is of the
opinion required by paragraph (b)
in relation to him, her or it and
30 setting out detailed reasons why it
is of that opinion.
Penalty: 100 penalty units or imprisonment
for 2 years.
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(3) Sub-section (2) does not prevent the
Office--
(a) from disclosing information or the
contents of a document to--
5 (i) an Associate Regulator-General;
or
(ii) an officer or employee appointed
or employed under section 20(1)
of the Office of the Regulator-
10 General Act 1994; or
(iii) a member of staff referred to in
section 20(2) of that Act; or
(iv) a consultant engaged under
section 21 of that Act; or
15 (v) a member of a committee or panel
acting under a delegation under
section 22 of that Act; or
(b) from using information or a document
for the purposes of an inquiry; or
20 (c) from disclosing information or the
contents of a document to the Minister
in a report prepared in the form
required by section 33(1A) of that Act.
(4) For the purposes of this section, the
25 disclosure of anything that is already in the
public domain at the time the Office wishes
to disclose it cannot cause detriment to any
person referred to in sub-section (2)(a) or
(b).
30 38Q. No appeals against determination
(1) A determination or purported determination
made by the Office for the purposes of this
Part is not liable to be challenged, appealed
against, reviewed, quashed or called in
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question in any court or tribunal on any
account.
(2) Section 37 of the Office of the Regulator-
General Act 1994 does not apply to a
5 determination made by the Office for the
purposes of this Part.
(3) Nothing in this section affects the operation
of section 38L.
38R. Extra-territorial operation
10 It is the intention of the Parliament that the
operation of this Part should, so far as
possible, include operation in relation to--
(a) railways and rail infrastructure situated
outside Victoria;
15 (b) a rail transport service operating
outside Victoria.'.
11. New section 60A inserted
After section 60 of the Principal Act insert--
"60A. Clearance of trees
20 (1) The Governor in Council, by Order
published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
25 Order, to a person or body specified in the
Order that--
(a) has entered into a lease with Rail
Track, the Public Transport
Corporation or the Secretary to the
30 Department of Infrastructure in relation
to any rail infrastructure or tram
infrastructure owned by Rail Track, the
Public Transport Corporation or the
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Rail Corporations (Amendment) Act 1998
s. 11
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Secretary to the Department of
Infrastructure; or
(b) has taken an assignment of the rights,
liabilities and obligations of a person or
5 body under a lease referred to in
paragraph (a) entered into by that
person or body with Rail Track, the
Public Transport Corporation or the
Secretary to the Department of
10 Infrastructure.
(2) Subject to any terms and conditions specified
in the Order under sub-section (1), a person
or body to which this section applies, by
written notice, may require the owner or
15 occupier of any land to fell and remove any
tree or wood on that land that is within 60
metres of a railway track operated or
maintained by that person or body and that
could obstruct or endanger the railway track
20 or obstruct a view of a signal box from any
portion of the railway track.
(3) Notice under sub-section (2) may be served
on an owner or occupier--
(a) personally; or
25 (b) by sending it by post to the owner or
occupier at that person's usual or last
known residential or business address;
or
(c) by leaving it at the usual or last known
30 residential or business address of the
owner or occupier with a person on the
premises who is apparently at least 16
years old and apparently residing or
employed there; or
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(d) in a manner prescribed by any other
Act or law for service on a person or
class of persons of the same type as the
owner or occupier; or
5 (e) if the identity or address of the owner
or occupier is not known--
(i) by displaying it on the land; and
(ii) by publishing a copy of it and a
description of the land in a
10 newspaper circulating generally in
Victoria.
(4) If the owner or occupier of the land does not
comply with the notice within the time
specified in the notice, the person or body
15 which caused the notice to be served may--
(a) enter the land at any reasonable time
and carry out the work specified in the
notice; and
(b) recover the cost of carrying out the
20 work from the owner or occupier as a
debt.".
12. Extension of sections 61 and 62
In section 61(1) and 62(1) of the Principal Act, at
the end of paragraph (b) insert--
25 "; or
(c) has entered into a lease with Rail Track, the
Public Transport Corporation or the
Secretary to the Department of Infrastructure
in relation to any rail infrastructure or tram
30 infrastructure owned by Rail Track, the
Public Transport Corporation or the
Secretary to the Department of
Infrastructure; or
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Rail Corporations (Amendment) Act 1998
s. 13
Act No.
(d) has taken an assignment of the rights,
liabilities and obligations of a person or body
under a lease referred to in paragraph (c)
entered into by that person or body with Rail
5 Track, the Public Transport Corporation or
the Secretary to the Department of
Infrastructure.".
13. New section 64 inserted
After section 63 of the Principal Act insert--
10 "64. Supreme Court--limitation of jurisdiction
It is the intention of section 38Q to alter or
vary section 85 of the Constitution Act
1975.".
14. Amendments consequential on appointment of
15 administrator of PTC
(1) In sections 40(4)(c), 57(1) and (2) and 58(4) of the
Principal Act, for "chief executive" substitute
"Administrator".
(2) In section 45(1) of the Principal Act, for "chief
20 executive of" substitute "Administrator of".
(3) In sections 45(2) and (3) and 52(1) and (3) of the
Principal Act, for "chief executive or" (wherever
occurring) substitute "Administrator or".
_______________
25
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s. 15
Act No.
PART 3--AMENDMENT OF TRANSPORT ACT 1983
15. New Division 3A inserted in Part II
No. 9921. In Part II of the Transport Act 1983, after
Reprint No. 5
Division 3 insert--
as at 1 June
1997. Further
5 amended by "Division 3A--The PTC Administrator
Nos 28/1996,
37/1996,
17. Appointment of Administrator to PTC
63/1997,
104/1997 and
(1) There shall be an Administrator of the Public
106/1997.
Transport Corporation.
(2) The Administrator shall be appointed by the
10 Treasurer after consultation with the
Minister.
(3) The term of office of the Administrator is the
term (not exceeding 2 years) specified in the
instrument of appointment, and the
15 Administrator is eligible for re-appointment.
(4) Subject to this section, the terms and
conditions of appointment of the
Administrator shall be set by the Treasurer
after consultation with the Minister.
20 (5) The Administrator is not subject to the
Public Sector Management Act 1992
(including Part 9) by reason only of the
appointment as Administrator.
18. Vacancy etc. in office of Administrator
25 (1) The office of the Administrator becomes
vacant if the Administrator--
(a) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
30 compounds with his or her creditors or
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s. 15
Act No.
makes an assignment of his or her
remuneration for their benefit; or
(b) is convicted of an indictable offence or
of an offence that, if committed in
5 Victoria, would be an indictable
offence.
(2) The Administrator may resign by writing
delivered to the Treasurer.
(3) The Treasurer after consultation with the
10 Minister may remove the Administrator from
office.
19. Deputy Administrator
(1) A Deputy Administrator may be appointed
by the Treasurer after consultation with the
15 Minister.
(2) The term of office of the Deputy
Administrator is the term, not exceeding
2 years, specified in the instrument of
appointment and the Deputy Administrator is
20 eligible for re-appointment.
(3) Subject to this section, the terms and
conditions of appointment of the Deputy
Administrator shall be set by the Treasurer
after consultation with the Minister.
25 (4) The Deputy Administrator is not subject to
the Public Sector Management Act 1992
(including Part 9) by reason only of
appointment as Deputy Administrator.
20. Resignation and removal
30 (1) The Deputy Administrator may resign by
writing delivered to the Treasurer.
(2) The Treasurer, after consultation with the
Minister, may remove the Deputy
Administrator from office.
27
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s. 15
Act No.
20A. Functions and powers
(1) The Deputy Administrator shall act as
Administrator--
(a) during a vacancy in the office of
5 Administrator; and
(b) during any period when the
Administrator is absent or, for any
other reason, unable to perform the
functions of Administrator--
10 but must not continue so to act for more than
6 months.
(2) The Deputy Administrator--
(a) when acting as Administrator, has and
may exercise all the powers of the
15 Administrator under this or any other
Act;
(b) at any other time, has such powers of
the Administrator under this or any
other Act as are specified in the
20 instrument of appointment or as are
delegated to the Deputy Administrator
by the Administrator under section
20D.
20B. Staff of Administrator
25 The Administrator may engage such officers
and employees as are necessary for the
performance of the Administrator's
functions, on such terms and conditions of
appointment or employment as are
30 determined by the Administrator.
20C. Functions and powers
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s. 15
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The Administrator has the functions and
powers conferred on the Administrator under
this or any other Act.
20D. Delegation
5 The Administrator may, in writing, delegate
to a person approved by the Minister any
function or power of the Administrator under
this or any other Act, other than this power
of delegation.
10 20E. Directions
(1) The Treasurer and the Minister, acting
jointly, may from time to time, by written
notice to the Administrator, give such
directions to the Administrator as the
15 Treasurer and Minister think fit.
(2) The Administrator must comply with a
direction given under this section but an act
or decision of the Administrator is not
invalid merely because of a failure to comply
20 with such a direction.
(3) The Administrator must keep a copy of each
direction given under this section available
for inspection at the office of the
Administrator during business hours, other
25 than any direction, or part of a direction, that
the Treasurer and the Minister have declared
to be confidential.
(4) The Administrator must include in the
annual report of the Public Transport
30 Corporation under Part 7 of the Financial
Management Act 1994 a brief summary, in
a form approved by the Treasurer, of each
direction given to the Administrator under
this section, together with a statement of the
35 Administrator's response to the direction.
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Rail Corporations (Amendment) Act 1998
s. 16
Act No.
(5) A notice containing a direction given under
this section is an exempt document for the
purposes of the Freedom of Information
Act 1982.".
5 16. Amendments consequential on appointment of
administrator
(1) In section 2(1) of the Transport Act 1983, before
the definition of "ancillary works" insert--
' "Administrator", in relation to the Public
10 Transport Corporation, means the
Administrator appointed under Division 3A
of Part II and includes any Deputy
Administrator so appointed when acting as
the Administrator;'.
15 (2) In section 13(2) of the Transport Act 1983, for
"Board of the Corporation" substitute
"Administrator".
(3) In section 13 of the Transport Act 1983, for sub-
sections (3) to (6) substitute--
20 "(3) All courts must take judicial notice of the
seal of the Public Transport Corporation
affixed to a document and, until the contrary
is proved, must presume that it was duly
affixed.
25 (4) The official seal of the Public Transport
Corporation must be kept in such custody as
the Public Transport Corporation directs and
must not be used except as authorised by the
Public Transport Corporation.
30 (5) On the commencement of section 15 of the
Rail Corporations (Amendment) Act
1998--
(a) the members of the Board of the Public
Transport Corporation go out of office;
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s. 16
Act No.
(b) any person appointed to be a deputy of
a member of the Board of the Public
Transport Corporation goes out of
office;
5 (c) the Chief Executive of the Public
Transport Corporation goes out of
office.
(6) On and from the commencement of section
15 of the Rail Corporations (Amendment)
10 Act 1998, a reference to--
(a) the Board of the Public Transport
Corporation; or
(b) the Chairperson or any other member of
that Board; or
15 (c) a deputy of the Chairperson or any
other member of that Board; or
(d) the Chief Executive of that
Corporation--
in any Act (other than in this sub-section) or
20 in any subordinate instrument within the
meaning of the Interpretation of
Legislation Act 1984, so far as it relates to
any period after that commencement and
unless the context otherwise requires, must
25 be construed as a reference to the
Administrator.".
(4) In section 32(2A) of the Transport Act 1983, for
paragraph (a) substitute--
"(a) the Administrator of the Corporation; or".
30 (5) Section 32(3) of the Transport Act 1983 is
repealed.
(6) In section 32(3A) of the Transport Act 1983, for
"Chief Executive" (where twice occurring)
substitute "Administrator".
31
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s. 16
Act No.
(7) Schedule 1 to the Transport Act 1983 is
repealed.
(8) In Schedule 1A to the Transport Act 1983--
(a) in the heading to the Schedule for
5 "CORPORATIONS" substitute "ROADS
CORPORATION";
(b) in clauses 1(1), (2), (3) and (4), 2(1), 3(1)
and (2) and 4 for "a Corporation" (wherever
occurring) substitute "the Roads
10 Corporation";
(c) in clause 1(4)(b) for "Corporations"
substitute "Corporation".
32
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
33
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Rail Corporations (Amendment) Act 1998
Act No.
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