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PARLIAMENT OF VICTORIA
Transport Acts (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF TRANSPORT ACT 1983 3
Division 1--Tow Trucks 3
3. Insertion of new definition 3
4. Changes to the definitions of level 1 and 2 offences 3
5. Minor consequential amendment 4
6. Change to meaning of heavy accident towing 4
7. Further restriction on who may hold towing licence 4
8. Insertion of sections 172O172Q 4
172O. Former licence entitlements may be re-transferred 4
172P. Self-management areas 5
172Q. Offences concerning self-management areas 6
9. Implied condition of trade towing licence 6
10. Changes concerning storage charges 7
11. Substitution of section 176A 7
176A. Obligations on repairers in respect of towed vehicles 8
176B. Authority to tow checking procedure 9
176C. Copies of noted-up forms must be given to owners etc. 10
176D. Obligations on repairers if form defective or not provided 10
176E. Repairers must keep copies of towing forms 11
176F. Owner may apply for certificate if form defective or lost 12
176G. Exceptions in relation to sections 176A176F 13
12. Authorised drivers may enter into storage agreements at accident
scenes 14
13. Vehicle may be held pending the payment of storage charges 14
14. Insertion of section 177D 14
177D. Provisions concerning damaged vehicle storage 15
15. Accident towing driver authority may be suspended 15
16. Changes concerning the Demerits Register 17
17. Exemption concerning passengers in tow trucks 18
18. Correction of incorrect reference 19
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Clause Page
19. Job number only authorises towing of 1 car 19
20. Regulation-making power concerning self-management areas 19
Division 2--Private Omnibuses and Hire and Drive Omnibuses 20
21. Repeal of provisions relating to private omnibuses 20
22. Repeal of provisions relating to hire and drive omnibuses 20
23. Driver's certificate 21
24. New Division 1A inserted in Part VIII 21
Division 1A--Transitional Provisions 21
246A. Transport Acts (Amendment) Act 1997 21
Division 3--Regulations 22
25. Recovery of cost of storing and disposing of abandoned vehicles 22
Division 4--Revocation of Reservations 22
26. New sections 253 and 253A inserted 22
253. Revocation of reservations for tramways purposes 22
253A. Revocation of part of Melbourne Park Reservation for
tramways purposes 23
27. New Schedule 9 inserted 24
PART 3--AMENDMENT OF PUBLIC TRANSPORT
COMPETITION ACT 1995 26
28. Definitions 26
29. New section 3A inserted 27
3A. Application of Act 27
30. Conditions of accreditation 27
31. Driver's authority 27
32. Transitional provisions 28
33. New section 40 inserted 28
40. Transitional provisions (1997 amendments) 29
PART 4--REPEAL OF SPENT ACTS 31
34. South Australian and Victorian Border Railways Act 1930 31
35. King-street Bridge Act 1957 31
36. New section 255B inserted in Transport Act 1983 32
255B. Supreme Court--limitation of jurisdiction 32
37. Railways (Standardization Agreement) Act 1958 33
NOTES 34
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PARLIAMENT OF VICTORIA
A BILL
to amend the Transport Act 1983 and the Public Transport
Competition Act 1995, to repeal the South Australian and
Victorian Border Railways Act 1930, the King-street Bridge Act
1957 and the Railways (Standardization Agreement) Act 1958 and
for other purposes.
Transport Acts (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to--
(a) improve the regulation of the towing
5 industry;
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s. 2
Act No.
(b) remove the requirement for certain classes of
vehicles to be licensed under the Transport
Act 1983 but require their operators to be
accredited under the Public Transport
5 Competition Act 1995;
(c) revoke reservations over certain lands for
tramway purposes;
(d) make miscellaneous amendments to the
Public Transport Competition Act 1995;
10 (e) repeal certain spent Acts.
2. Commencement
(1) This Part and Part 4 come into operation on the
day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
15 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 July 1998, it
comes into operation on that day.
20 _______________
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Act No.
PART 2--AMENDMENT OF TRANSPORT ACT 1983
Division 1--Tow Trucks
3. Insertion of new definition
No. 9921.
In section 2(1) of the Transport Act 1983, after
Reprint No. 5
5 the definition of "bridge" insert-- as at 1 June
1997. Further
' "business day" means a day that is not-- amended by
Nos 28/1996
(a) a Saturday or a Sunday; or and 37/1996.
(b) a day that is wholly or partly observed
as a public holiday throughout
10 Victoria;'.
4. Changes to the definitions of level 1 and 2 offences
In section 86(1) of the Transport Act 1983--
(a) in the definition of "level 1 offence", after
paragraph (c) insert--
15 "; or
(d) an offence under section 321(1) of the
Crimes Act 1958 (conspiracy) where
the conspiracy is to commit an offence
referred to in paragraph (a), (b) or (c);";
20 (b) in the definition of "level 2 offence", after
paragraph (b) insert--
"; or
(c) an offence under Division 3 of Part I of
the Crimes Act 1958 (criminal damage
25 to property); or
(d) an offence under the Accident
Compensation Act 1985 or the
Transport Accident Act 1986, but
only if the offence involves fraud; or
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(e) an offence under section 321(1) of the
Crimes Act 1958 (conspiracy) where
the conspiracy is to commit an offence
referred to in paragraph (a), (b), (c) or
5 (d);".
5. Minor consequential amendment
In section 147B(1)(a) of the Transport Act 1983,
after "172H(7)," insert "172O(3),".
6. Change to meaning of heavy accident towing
10 In sections 172A(2) and 172B(2) and (3) of the
Transport Act 1983, for "4·5 tonnes" substitute
"4 tonnes".
7. Further restriction on who may hold towing licence
After section 172J(5)(b) of the Transport Act
15 1983 insert--
"; and
(c) includes a conviction for an offence against a
Commonwealth Act that, in the opinion of
the licensing authority, corresponds to a
20 level 1 or 2 offence.".
8. Insertion of sections 172O172Q
After section 172N of the Transport Act 1983
insert--
"172O. Former licence entitlements may be
25 re-transferred
(1) This section only applies in respect of an
accident towing licence to which an
entitlement was transferred before 1 October
1995 under section 174D (as in force
30 immediately before that date).
(2) The holder of the licence may re-transfer the
entitlement back to the licence from which it
was transferred.
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(3) On the holder--
(a) lodging a transfer notice with the
licensing authority in a form and
manner approved by the licensing
5 authority; and
(b) paying the appropriate transfer fee
determined under section 147B--
the licence to which the entitlement is to be
transferred is revived.
10 (4) The licensing authority must issue a revived
licence to the person who lodged the transfer
notice (or to any person nominated in writing
by that person).
(5) A transfer becomes effective on the licensing
15 authority issuing the revived licence relating
to that transfer.
(6) The issuing of a licence under this section
does not create any entitlement in respect of
the licence other than the entitlement that is
20 transferred to the licence under this section.
(7) This section applies even if the current
holder of a licence was not the holder of the
licence at the time an entitlement was
transferred to the licence.
25 172P. Self-management areas
(1) The licensing authority may declare an area
to be a self-management area.
(2) A self-management area may include all or
part of a controlled area or part of an area
30 that is not a controlled area.
(3) All accident towing in a self-management
area is to be conducted in accordance with
regulations made in respect of that area
under section 185(1)(i).
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(4) The licensing authority may revoke a
declaration made under sub-section (1) at
any time.
(5) The revocation of a declaration
5 automatically revokes any rights created
under any regulations made under section
185(1)(i).
172Q. Offences concerning self-management
areas
10 (1) A person must not operate a tow truck for
accident towing within a self-management
area unless the person--
(a) is authorised under the regulations to
operate from a depot within the area; or
15 (b) is operating a heavy accident tow truck
under a heavy accident tow truck
towing licence to tow vehicles that
have a gross vehicle mass of 4 tonnes
or more from accident scenes.
20 Penalty: 50 penalty units.
(2) A person who is authorised under the
regulations to operate a tow truck from a
depot within a self-management area must
not operate that tow truck for accident
25 towing outside that area unless the person is
authorised to do so under this Act.
Penalty: 50 penalty units.".
9. Implied condition of trade towing licence
(1) After section 175(1A) of the Transport Act 1983
30 insert--
"(1B) It is an implied condition of every trade
towing licence that the tow truck must not be
used to lift and carry, or tow, a motor vehicle
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11
Act No.
if a person is travelling as a passenger in that
motor vehicle unless--
(a) the vehicle is being towed and has a
gross vehicle mass of 4 tonnes or more;
5 and
(b) the vehicle can only be towed safely if
a person steers or controls the vehicle.".
(2) In section 175(2) of the Transport Act 1983, for
"sub-section (1)" substitute "this section".
10 10. Changes concerning storage charges
For section 176(2)(d) of the Transport Act 1983
substitute--
"(d) storing a vehicle unless--
(i) the storing was authorised in writing by
15 the person from whom the sum or
charge is being sought (or by that
person's agent); and
(ii) the sum or charge is not more than the
amount determined by--
20 (A) dividing the total number of hours
that the vehicle was stored up to
the relevant time by 24; and
(B) multiplying the result by the daily
storage fee.
25 (2A) If the result of the calculation made under sub-
section (2)(d)(ii)(A) is not a whole number, it may
be increased to the next highest whole number.".
11. Substitution of section 176A
For section 176A of the Transport Act 1983
30 substitute--
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'176A. Obligations on repairers in respect of towed
vehicles
(1) This section and sections 176B to 176F
apply if a motor vehicle is damaged in an
5 accident that occurs in a controlled area and
is towed from the accident scene by a tow
truck.
(2) A person must not begin to prepare a
quotation for the cost of the damage to the
10 vehicle, or to repair the vehicle, unless the
person--
(a) has complied with section 176B in
relation to the vehicle; or
(b) has been given a copy of a duplicate
15 authority to tow form that already has
on it the details required by section
176B(1)(c) and (d); or
(c) has been given a copy of a certificate
issued under section 176F in relation to
20 the vehicle.
Penalty: 50 penalty units.
(3) If a person--
(a) agrees to prepare a quotation for a
damaged vehicle, or to repair a
25 damaged vehicle; and
(b) is given a duplicate copy of an
authority to tow form in respect of
which section 176B has not been
complied with--
30 the person must attempt to obtain the
confirmation described in section 176B(1)(b)
as soon as is practicable after being given the
form.
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Penalty: 50 penalty units.
176B. Authority to tow checking procedure
(1) To comply with this section, a person
must--
5 (a) obtain a duplicate copy of the authority
to tow form that has written on it--
(i) the job number assigned to the
damaged motor vehicle by the
relevant allocation centre; and
10 (ii) the name and tow truck driver
authority number of the driver of
the tow truck, the address of the
depot from which the tow truck
operates and the name and address
15 of the holder of the tow truck
licence under which the tow truck
operates; and
(b) confirm with the allocation centre that
the job number is accurate and that the
20 tow truck was authorised to tow the
vehicle; and
(c) write on the form a note stating--
(i) his or her name and business
address; and
25 (ii) that the confirmation has been
obtained; and
(iii) the date and time that the
confirmation was obtained; and
(iv) the confirmation number assigned
30 to the confirmation by the
allocation centre; and
(d) sign the note.
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(2) A person must not sign the note described in
sub-section (1)(c) if the person knows that
any of the details in the note are false.
Penalty: 50 penalty units.
5 176C. Copies of noted-up forms must be given to
owners etc.
(1) A person who complies with section 176B in
relation to a duplicate copy of an authority to
tow form must give a copy of the form
10 signed by him or her to the owner of the
vehicle (or the owner's agent) and to any
person authorised by the owner to repair, or
to prepare a quotation in relation to, the
vehicle if asked to do so by the owner (or
15 agent) or authorised person.
Penalty: 50 penalty units.
(2) A person must ensure that any written
quotation prepared by the person and given
to the owner of the vehicle (or to the owner's
20 agent) is accompanied by a copy of the
authority to tow form.
Penalty: 50 penalty units.
176D. Obligations on repairers if form defective
or not provided
25 (1) If any of the details required by section
176B(1)(a) are missing from a copy of a
duplicate authority to tow form, a person
who attempts to comply with section 176B
in respect of the form must notify the
30 licensing authority in writing that the details
are missing within 5 business days after
being given the copy of the form.
Penalty: 50 penalty units.
(2) If the owner (or the owner's agent)--
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(a) asks a person to prepare a quotation, or
to repair, a damaged vehicle; and
(b) does not give the person a copy of the
duplicate authority to tow form (or a
5 certificate under section 176F) in
relation to the vehicle within 5 business
days after making the request--
the person must notify the licensing authority
in writing of that failure within 5 business
10 days after the end of that 5 day period.
Penalty: 50 penalty units.
(3) If--
(a) the owner (or the owner's agent) asks a
person (the "repairer") to prepare a
15 quotation in relation to, or to repair, a
damaged vehicle and states that another
person has complied with section 176B
in relation to the duplicate authority to
tow form relating to the vehicle; and
20 (b) the repairer asks for a copy of the form
from that other person, but does not
receive a copy of that form from that
person within 5 business days after
making the request--
25 the repairer must notify the licensing
authority in writing within 5 business days
after the end of that 5 day period that the
copy of the form has not been received.
Penalty: 50 penalty units.
30 176E. Repairers must keep copies of towing forms
(1) A person who receives a copy of an authority
to tow form for the purpose of preparing a
quotation, or repairing, a damaged vehicle--
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s. 11
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(a) must keep a copy of the form for
3 years after receiving it; and
(b) must produce for inspection that copy
and any records the person keeps in
5 relation to quotations on being asked to
do so by a member of the police force
or an officer.
Penalty: 50 penalty units.
(2) For the purpose of checking whether sub-
10 section (1) and sections 176A to 176D have
been complied with, a member of the police
force or an officer may--
(a) at any reasonable time of the day or
night enter any premises at which it
15 appears damaged motor vehicles are
being assessed or repaired; and
(b) inspect and copy any document
produced for inspection under sub-
section (1).
20 176F. Owner may apply for certificate if form
defective or lost
(1) This section applies if the owner of a
damaged vehicle that was towed from an
accident scene in a controlled area (or the
25 owner's agent)--
(a) did not receive a duplicate of an
authority to tow form in relation to the
towing; or
(b) received a duplicate of an authority to
30 tow form in relation to the towing,
but--
(i) the form, or any note that has been
subsequently added to the form,
contains a defect that makes it
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s. 11
Act No.
impossible for a person to prepare
a quotation in relation to the
vehicle, or to repair the vehicle, as
a result of section 176A(2)(a) or
5 (b); or
(ii) the form has been lost, destroyed,
mutilated or become fully or
partially illegible.
(2) The owner (or the owner's agent) may apply
10 to the licensing authority for a certificate
authorising the preparation of quotations in
relation to the vehicle and for the vehicle to
be repaired.
(3) An application for a certificate must be in a
15 form approved by the licensing authority and
must contain the details required by that
form.
(4) The licensing authority must comply with a
request for a certificate within 5 business
20 days after receiving--
(a) a completed application for the
certificate; and
(b) the fee (if any) permitted by the
regulations.
25 176G. Exceptions in relation to sections 176A
176F
(1) It is a defence to a charge under sections
176A to 176E if a person had a reasonable
belief that a damaged vehicle was not
30 damaged in a controlled area.
(2) Sections 176A to 176E do not apply in
respect of a motor vehicle that is towed from
an accident scene by a heavy accident tow
truck under the authority of a heavy accident
35 tow truck towing licence.'.
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14
Act No.
12. Authorised drivers may enter into storage agreements
at accident scenes
After section 177(5) of the Transport Act 1983
insert--
5 "(6) Despite sub-section (1), a tow truck driver
who is lawfully at the scene of an accident
may enter, or offer to enter, into an
agreement with a person to store a vehicle at
the authorised depot of the tow truck.".
10 13. Vehicle may be held pending the payment of storage
charges
(1) After section 177C(4)(b) of the Transport Act
1983 insert--
"; or
15 (c) storage charges, but only if the person
holds--
(i) in the case of a disabled vehicle, a tow
truck licence; or
(ii) in the case of a damaged vehicle, an
20 accident towing licence; or
(iii) in the case of a damaged vehicle that
the holder of a heavy accident tow
truck towing licence may tow, a heavy
accident tow truck towing licence--
25 and the charges either do not exceed the
charges determined under section 184A or, if
no charges are determined under that section,
are reasonable.".
(2) Section 177C(5)(a) of the Transport Act 1983 is
30 repealed.
14. Insertion of section 177D
After section 177C of the Transport Act 1983
insert--
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s. 15
Act No.
"177D. Provisions concerning damaged vehicle
storage
(1) If a damaged vehicle is stored at the
authorised depot of the tow truck that towed
5 it from an accident scene, the holder of the
tow truck licence--
(a) must, within 7 business days after the
day the vehicle is towed to the depot,
give the owner of the vehicle (or the
10 owner's agent) a written notice stating
the amount of the storage charges that
are owing at the date of the notice, the
daily rate at which the charges are
continuing to accumulate and the fact
15 that those charges are continuing to
accumulate; and
(b) must continue to give the owner of the
vehicle (or the owner's agent) such a
notice before the expiry of each period
20 of 7 business days after the date of the
issue of the first notice.
Penalty: 25 penalty units.
(2) The obligation imposed on the holder of the
licence by sub-section (1) ceases to apply as
25 soon as--
(a) the vehicle is removed from the depot;
or
(b) an agreement for the repair of the
vehicle is signed with a person who
30 operates at or from the depot and the
agreement sets out the amount of the
storage charges that is owed at the time
that the agreement is signed.".
15. Accident towing driver authority may be suspended
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(1) For section 181(1) of the Transport Act 1983
substitute--
"(1) Subject to sub-sections (3) and (4), the
licensing authority may suspend or revoke a
5 tow truck licence, or suspend an accident
towing driver authority, if--
(a) any of the conditions attached to the
licence or authority or any of the
provisions of this Act or the Road
10 Safety Act 1986 or the regulations
made under those Acts have not been
complied with; and
(b) the licensing authority is satisfied that
the licence should be suspended or
15 revoked, or the authority should be
suspended, because of--
(i) the frequency of; or
(ii) the wilful commission of; or
(iii) the danger to the public as a result
20 of--
the failure to comply.".
(2) For section 181(3) of the Transport Act 1983
substitute--
"(3) The licensing authority must not revoke or
25 suspend a tow truck licence under this
section unless it has given the holder of the
licence a reasonable opportunity to show
cause why the licence should not be revoked
or suspended.
30 (4) The licensing authority must not suspend an
accident towing driver authority under this
section unless it has given the holder of the
authority a reasonable opportunity to show
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s. 16
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cause why the authority should not be
suspended.".
(3) After section 182G(c) of the Transport Act 1983
insert--
5 "(d) to suspend an accident towing driver
authority under section 181.".
16. Changes concerning the Demerits Register
(1) For section 181B(1) of the Transport Act 1983
substitute--
10 "(1) The Secretary must keep a Demerits Register
and must record in the Register the demerit
points--
(a) that each tow truck licence holder
incurs; and
15 (b) that each holder of an accident towing
driver authority incurs; and
(c) that each person who does not hold a
tow truck licence would have incurred
if the person had held a tow truck
20 licence; and
(d) that each person who does not hold an
accident towing driver authority would
have incurred if the person had held
such an authority.".
25 (2) After section 181B(5) of the Transport Act 1983
insert--
"(5A) A reference in sub-sections (3), (4) and (5) to
demerit points incurred in a person's capacity
as the holder of a licence includes a
30 reference to demerit points that have been
recorded in respect of the person under sub-
section (1)(c).
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(5B) A reference in sub-sections (3), (4) and (5) to
demerit points incurred in a person's capacity
as the holder of an accident towing driver
authority includes a reference to demerit
5 points that have been recorded in respect of
the person under sub-section (1)(d).".
(3) After section 181B(9) of the Transport Act 1983
insert--
"(10) On the transfer of a tow truck licence, any
10 demerit points that have been recorded
against the holder of the licence under this
section are automatically transferred to the
new holder of the licence (regardless of
whether or not the points were recorded
15 against the person while he, she or it held the
licence).
(11) If an accident towing driver authority expires
while it is suspended under this section, the
person who held the authority is not eligible
20 to hold another accident towing driver
authority until the expiry of the period of
suspension that applied to the expired
authority.".
17. Exemption concerning passengers in tow trucks
25 After section 182A(4A) of the Transport Act
1983 insert--
"(4B) Despite sub-sections (1)(b), (2) and (3), a
person who was the driver of, or a passenger
in, a vehicle at the time the vehicle was
30 damaged or became disabled may
accompany, and may be allowed to
accompany, the driver of the accident tow
truck or heavy accident tow truck if--
(a) the vehicle is outside a controlled area;
35 and
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(b) the tow truck is travelling to the vehicle
for the purpose of towing it.".
18. Correction of incorrect reference
In section 182E(b) of the Transport Act 1983, for
5 "sub-section (5)" substitute "sub-sections (6) and
(7)".
19. Job number only authorises towing of 1 car
After section 183B(1) of the Transport Act 1983
insert--
10 "(1A) A tow truck driver who has been given a job
number by an allocation centre must not, in
relation to that number, tow more than one
damaged vehicle from the accident scene.
Penalty: 50 penalty units.".
15 20. Regulation-making power concerning self-
management areas
After section 185(1)(h) of the Transport Act
1983 insert--
"(i) generally regulating and controlling the
20 operation of tow trucks for accident towing
in a self-management area, and without
restricting the scope of this paragraph, for or
with respect to--
(i) who may operate tow trucks for
25 accident towing in the area; and
(ii) how work is to be allocated or
distributed in the area; and
(iii) providing for the suspension of the
operators of tow trucks from any
30 allocation system for the area for a
failure to comply with the regulations
relating to the area; and
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22
Act No.
(iv) fees payable to any person or body
providing services under the
regulations;".
Division 2--Private Omnibuses and Hire and Drive
5 Omnibuses
21. Repeal of provisions relating to private omnibuses
(1) Division 6 of Part 6 of the Transport Act 1983 is
repealed.
(2) In section 86(1) of the Transport Act 1983--
10 (a) in the definition of "owner", paragraph
(c)(iv) is repealed;
(b) the definition of "private omnibus" is
repealed.
(3) In section 147A of the Transport Act 1983--
15 (a) in sub-section (1)--
(i) omit ", private omnibus licence";
(ii) omit ", private omnibus";
(b) in sub-section (3) omit ", private omnibus
licence".
20 (4) In section 147B(1)(b) of the Transport Act
1983--
(a) omit ", private omnibuses";
(b) omit ", private omnibus".
22. Repeal of provisions relating to hire and drive
25 omnibuses
(1) Division 7 of Part 6 of the Transport Act 1983 is
repealed.
(2) In section 86(1) of the Transport Act 1983--
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s. 24
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(a) the definition of "hire and drive omnibus" is
repealed.
(b) in the definition of "owner", paragraph
(c)(iii) is repealed.
5 23. Driver's certificate
(1) In section 156 of the Transport Act 1983, after
sub-section (1) insert--
"(1AA) A person who proposes to drive a vehicle
that is used for operating a private bus
10 service within the meaning of the Public
Transport Competition Act 1995 may
apply in the form approved by the licensing
authority to the licensing authority for the
granting of a driver's certificate to him or
15 her.".
(2) In section 156 of the Transport Act 1983--
(a) in sub-section (1A) for "The application"
substitute "An application under sub-section
(1) or (1AA)";
20 (b) in sub-section (4) after "vehicle" insert "or a
vehicle referred to in sub-section (1A)".
24. New Division 1A inserted in Part VIII
After Division 1 of Part VIII of the Transport
Act 1983 insert--
25 "Division 1A--Transitional Provisions
246A. Transport Acts (Amendment) Act 1997
(1) Despite the repeal of Division 6 of Part 6 by
section 21(1) of the Transport Acts
(Amendment) Act 1997, that Division
30 continues to apply with respect to a private
omnibus licence granted under it or any
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s. 26
Act No.
corresponding previous enactment and in
force immediately before that repeal.
(2) A licence referred to in sub-section (1)
continues in force despite the repeal of
5 Division 6 of Part 6 but may be suspended,
revoked or cancelled in accordance with this
Act as in force immediately before that
repeal and, unless sooner revoked or
cancelled, expires on the date on which, by
10 force of section 40(3) of the Public
Transport Competition Act 1995, it is to be
taken to expire for the purposes of section
40(2) of that Act.".
Division 3--Regulations
15 25. Recovery of cost of storing and disposing of
abandoned vehicles
In section 56(2)(r) of the Transport Act 1983,
after "therein" insert "and providing for the
recovery of the cost of their storage and disposal".
20 Division 4--Revocation of Reservations
26. New sections 253 and 253A inserted
After section 252 of the Transport Act 1983
insert--
"253. Revocation of reservations for tramways
25 purposes
(1) The Order in Council specified in Schedule 9
is revoked to the extent that it applies to the
land shown hatched on the plan numbered
LEGL./97-215 and lodged in the Central
30 Plan Office.
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Transport Acts (Amendment) Act 1997
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(2) Crown grant Volume 600 Folio 902 is
revoked to the extent that it applies to the
land shown hatched on the plan referred to in
sub-section (1).
5 (3) On the revocation of the Order in Council
specified in Schedule 9 to the extent that it
relates to the land shown hatched on the plan
referred to in sub-section (1)--
(a) the land is deemed to be unalienated
10 land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
and
15 (b) the appointment of any committee of
management is revoked to the extent
that it applies to the land; and
(c) any regulations made under section 13
of the Crown Land (Reserves) Act
20 1978 are revoked to the extent that they
apply to the land.
253A. Revocation of part of Melbourne Park
Reservation for tramways purposes
(1) The deemed temporary reservation of land
25 under Part 5 of the Melbourne and
Olympic Parks Act 1985 is revoked to the
extent that it applies to the land shown cross-
hatched on the plan numbered LEGL./97-
215 and lodged in the Central Plan Office.
30 (2) Despite anything to the contrary in the
Melbourne and Olympic Parks Act 1985
and the Crown Land (Reserves) Act 1978,
on the revocation of that part of the deemed
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s. 27
Act No.
temporary reservation shown cross-hatched
on the plan referred to in sub-section (1)--
(a) the land is deemed to be unalienated
land of the Crown, freed and
5 discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
and
(b) the appointment of the Melbourne and
10 Olympic Parks Trust to manage
Melbourne Park is revoked to the
extent that it applies to the land; and
(c) any regulations made under section 13
of the Crown Land (Reserves) Act
15 1978 are revoked to the extent that they
apply to the land.".
27. New Schedule 9 inserted
After Schedule 8 of the Transport Act 1983
insert--
20 "SCHEDULE 9
Partial revocation of reservation on Yarra Park Land
Situation and area of land: At East Melbourne, City of Melbourne,
63.64 hectares less authorised excisions.
Instrument and date of Order in Council dated 9 June 1873
reservation:
Description of land by Government Gazettes dated 12 February
reference to Government 1864, page 350 and 13 June 1873, page
Gazette: 1059
Particulars of registration of Crown grant Volume 600 Folio 902
Crown grant:
Purpose of reservation: Yarra Park
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Act No.
Extent of revocation: Land shown hatched on the plan
numbered LEGL./97-215 and lodged at
the Central Plan Office.".
_______________
25
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Transport Acts (Amendment) Act 1997
s. 28
Act No.
PART 3--AMENDMENT OF PUBLIC TRANSPORT
COMPETITION ACT 1995
28. Definitions
No. 68/1995. In section 3(1) of the Public Transport
Amended by
5 Competition Act 1995--
No. 28/1996.
(a) in the definition of "bus" omit "public
passenger";
(b) insert the following definitions--
' "courtesy service" means a service
10 consisting of the carriage of passengers
by a bus for any consideration or in the
course of any trade or business but does
not include a road transport passenger
service;
15 "hire and drive service" means a service
consisting of the provision of a bus for
hiring (otherwise than under a hire-
purchase agreement within the meaning
of the Hire-Purchase Act 1959) by a
20 person for a certain period for valuable
consideration on the condition that it
will be driven during that period by the
hirer or another person on behalf of the
hirer;
25 "private bus service" means a service
consisting of the carriage of passengers
by a bus for or in connection with the
activities of a religious, philanthropic,
educational, sporting or social body but
30 does not include a road transport
passenger service;'.
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29. New section 3A inserted
After section 3 of the Public Transport
Competition Act 1995 insert--
"3A. Application of Act
5 Subject to Part 2 and the regulations, this Act
(except sections 6(a)(i), 9(2) and (3), 13 and
20(2)(b)) applies to a person who operates--
(a) a courtesy service; or
(b) a hire and drive service; or
10 (c) a private bus service--
as if they were operating a road transport
passenger service.".
30. Conditions of accreditation
In section 10 of the Public Transport
15 Competition Act 1995, after sub-section (1)
insert--
"(1A) An accreditation relating to a courtesy
service or a hire and drive service is not
subject to the condition imposed by sub-
20 section (1)(a).
(1B) Without limiting sub-section (1)(b), the
regulations may make it a condition of an
accreditation that the accredited person pay,
at the prescribed times and in the prescribed
25 manner, a prescribed annual accreditation
fee.".
31. Driver's authority
(1) In section 10(1)(a) of the Public Transport
Competition Act 1995, omit "and in force
30 immediately before the commencement of this
section".
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s. 32
33
Act No.
(2) In section 32 of the Public Transport
Competition Act 1995, after sub-section (2)
insert--
"(2A) The Secretary may refuse to accept an
5 application for the granting of a driver's
authority if the Secretary considers that the
person should instead apply for a driver's
certificate under section 156 of the
Transport Act 1983.
10 (2B) If the Secretary refuses under sub-section
(2A) to accept an application, the Secretary
must--
(a) notify the applicant in writing of the
refusal and the reason for it; and
15 (b) refund to the applicant the prescribed
application fee that accompanied the
application; and
(c) return to the applicant any other thing
that accompanied the application.".
20 (3) In section 32(30)(a) of the Public Transport
Competition Act 1995, after "authority" (where
secondly occurring) insert ", other than a decision
under sub-section (2A)".
(4) In section 33 of the Public Transport
25 Competition Act 1995, after "service" insert "or
a private bus service".
32. Transitional provisions
In section 39(3) of the Public Transport
Competition Act 1995--
30 (a) for "2 years" substitute "42 months";
(b) for "two years" substitute "42 months".
33. New section 40 inserted
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Act No.
In Part 4 of the Public Transport Competition
Act 1995, after section 39 insert--
"40. Transitional provisions (1997 amendments)
(1) Sub-section (2) applies to a person who--
5 (a) immediately before the commencement
of section 33 of the Transport Acts
(Amendment) Act 1997 operated a
private bus service within (or partly
within) the State and held a private
10 omnibus licence granted under Division
6 of Part VI of the Transport Act 1983
or any corresponding previous
enactment or more than one such
licence; and
15 (b) but for sub-section (2) would be
required under Part 2 of this Act to be
accredited to operate that private bus
service.
(2) Despite anything to the contrary in this Act,
20 a person to whom this sub-section applies is
not required to be accredited in accordance
with Part 2 to operate the private bus service
referred to in sub-section (1) during any
period when--
25 (a) that person holds a private omnibus
licence for every vehicle operated by
that person for the purposes of the
private bus service; and
(b) that person, in operating any vehicle
30 referred to in paragraph (a), complies
with the conditions attached to the
licence and any other requirement
imposed by or under Part VI of the
Transport Act 1983 on the operation
35 of the vehicle.
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s. 33
Act No.
(3) For the purposes only of sub-section (2), a
private omnibus licence in force immediately
before the commencement of section 33 of
the Transport Acts (Amendment) Act
5 1997 that is not due to expire on any
particular date or that is due to expire on a
date that is later than 18 months after that
commencement, must be taken to expire at
the end of 18 months after that
10 commencement, despite any Act or rule of
law to the contrary and despite any provision
contained in the licence itself.
(4) A person who--
(a) immediately before the commencement
15 of section 33 of the Transport Acts
(Amendment) Act 1997 operated a
courtesy service or a hire and drive
service within (or partly within) the
State; and
20 (b) but for this sub-section would be
required under Part 2 of this Act to be
accredited to operate that service--
is not required to be accredited in accordance
with Part 2 to operate that service during the
25 period of 12 months after the
commencement of section 33 of the
Transport Acts (Amendment) Act 1997.".
_______________
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s. 34
Act No.
PART 4--REPEAL OF SPENT ACTS
34. South Australian and Victorian Border Railways Act
1930
No. 3932.
The South Australian and Victorian Border
5 Railways Act 1930 is repealed.
35. King-street Bridge Act 1957
No. 6156.
(1) The King-street Bridge Act 1957 is repealed.
(2) In Schedule 5 to the Transport Act 1983, after
clause 26 insert--
10 '26A. King Street Bridge
(1) In this clause, "King Street Bridge" means the bridge
constructed under the authority of the King-street
Bridge Act 1957.
(2) The powers, authorities and duties of the Roads
15 Corporation include--
(a) the operation, maintenance and repair of the
King Street Bridge and, in relation to that
operation, maintenance and repair, the carrying
out of ancillary works and ancillary tasks;
20 (b) in relation to the King Street Bridge, the
construction of ancillary works and ancillary
structures and things;
(c) the financing of the performance of the powers,
authorities and duties referred to in paragraphs
25 (a) and (b).
(3) No action, suit or other proceedings shall be
commenced or maintained against the State of Victoria
or the Roads Corporation or any municipal council or
against any person acting for or with the authority of
30 the Roads Corporation for or in respect of--
(a) any obstruction to the flow of water in, or of the
navigation of, the River Yarra occasioned or
alleged to be occasioned by--
(i) the King Street Bridge;
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s. 36
Act No.
(ii) any construction work carried out in
connection with the maintenance, repair
or operation of the King Street Bridge;
(iii) the carrying out of any works in
5 connection with that construction,
maintenance repair or operation or works
preliminary or incidental to, or necessary
or convenient by reason of, that
construction, maintenance repair or
10 operation; or
(b) any injury, loss damage or accident occasioned
or alleged to be occasioned by reason of any
such obstruction or in any way whatever arising
from it.
15 (4) If any part of the King Street Bridge consists of an
elevated roadway or other structure above any
unalienated Crown land (including any Government
road) which is not part of the bridge, the construction
of that part of the bridge, or its dedication to the public
20 as a public highway, does not affect that Crown land
and the provisions of the Land Act 1958 and the
Crown Land (Reserves) Act 1978 and all
reservations, proclamations and dedications in relation
to that land shall continue in force except to the extent
25 that they may be necessarily excluded, limited or
modified by the existence of the elevated roadway or
structure and its supports.
(5) If any part of the King Street Bridge consists of an
elevated roadway or other structure above any land,
30 vested in or under the control of the Public Transport
Corporation, which is not part of the bridge, the
construction of that part of the bridge, or its dedication
to the public as a public highway, does not in any way
abridge or affect the right, title and interest of the
35 Public Transport Corporation in that land except to the
extent that they may be necessarily limited or modified
by the existence of the elevated roadway or structure
and its supports.'.
36. New section 255B inserted in Transport Act 1983
40 After section 255A of the Transport Act 1983
insert--
"255B. Supreme Court--limitation of jurisdiction
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s. 37
Act No.
It is the intention of clause 26A(3) of
Schedule 5 to alter or vary section 85 of the
Constitution Act 1975.".
37. Railways (Standardization Agreement) Act 1958
No. 6459.
5 (1) The Railways (Standardization Agreement) Act
Amended by
1958 is repealed. Nos 9921,
121/1986 and
(2) The repeal of the Railways (Standardization 44/1989.
Agreement) Act 1958 does not affect any liability
of the State of Victoria to pay any amount to the
10 Commonwealth under Part III of the Agreement
within the meaning of that Act and any such
liability may be enforced as if that Act had not
been repealed.
(3) The provisions of sub-section (2) are in addition
15 to, and not in derogation from, the provisions of
the Interpretation of Legislation Act 1984.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Transport Acts (Amendment) Act 1997
Act No.
35
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