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TRANSPORT ACTS (AMENDMENT) BILL 1998

                 PARLIAMENT OF VICTORIA

          Transport Acts (Amendment) Act 1998
                                  Act No.


                      TABLE OF PROVISIONS
Clause                                                                    Page

PART 1--PRELIMINARY                                                          1
  1.     Purpose                                                             1
  2.     Commencement                                                        2

PART 2--NATIONAL RAIL CORPORATION (VICTORIA) ACT
1991                                                                         3
  3.     Restriction on the Corporation engaging in intra-State rail
         services without consent abolished                                  3
  4.     Repeal of provisions concerning the transfer of certain land to
         the Corporation                                                     3
  5.     Consequential amendments to section 12 on repeal of section 11      3
  6.     Consequential amendment to section 13 on repeal of section 11       3
  7.     Repeal of spent provisions                                          3

PART 3--TRANSPORT ACT 1983                                                   4
  8.     Abolition of restriction on the carriage of certain goods           4
  9.     Repeal of Schedule of classes, kinds or description of certain
         goods                                                               4
  10.    References to Subordinate Legislation Act                           4

PART 4--RAIL CORPORATIONS (AMENDMENT) ACT 1997                               6
  11.    Authorized persons                                                  6
                           

NOTES                                                                        7




                                       i
532008B.I1-17/3/98

 


 

PARLIAMENT OF VICTORIA A BILL to amend the National Rail Corporation (Victoria) Act 1991, the Transport Act 1983 and the Rail Corporations (Amendment) Act 1997 and for other purposes. Transport Acts (Amendment) Act 1998 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is-- (a) to repeal certain provisions of the National 5 Rail Corporation (Victoria) Act 1991 in order to facilitate the sale of the shares of the State of Victoria in National Rail Corporation Limited; and 1 532008B.I1-17/3/98

 


 

Transport Acts (Amendment) Act 1998 s. 2 Act No. (b) to repeal provisions of the Transport Act 1983 that restrict the carriage of certain goods by commercial goods vehicle; and (c) to make a minor amendment to the Rail 5 Corporations (Amendment) Act 1997 concerning the appointment of an authorized person under section 221(1)(c) of the Transport Act 1983. 2. Commencement 10 (1) This Part and Part 3 come into operation on the day on which this Act receives the Royal Assent. (2) Part 4 is deemed to have come into operation on 16 December 1997. (3) The remaining provisions of this Act come into 15 operation on a day or days to be proclaimed. _______________ 2 532008B.I1-17/3/98

 


 

Transport Acts (Amendment) Act 1998 s. 3 Act No. PART 2--NATIONAL RAIL CORPORATION (VICTORIA) ACT 1991 3. Restriction on the Corporation engaging in intra- State rail services without consent abolished No. 76/1991. 5 Section 9 of the National Rail Corporation (Victoria) Act 1991 is repealed. 4. Repeal of provisions concerning the transfer of certain land to the Corporation (1) Section 11 of the National Rail Corporation 10 (Victoria) Act 1991 is repealed. (2) Schedule 2 to the National Rail Corporation (Victoria) Act 1991 is repealed. 5. Consequential amendments to section 12 on repeal of section 11 15 In section 12 of the National Rail Corporation (Victoria) Act 1991-- (a) omit ", and a declaration must not be made under section 11,"; (b) omit "or of the land". 20 6. Consequential amendment to section 13 on repeal of section 11 Section 13(b) of the National Rail Corporation (Victoria) Act 1991 is repealed. 7. Repeal of spent provisions 25 Part 6 of the National Rail Corporation (Victoria) Act 1991 is repealed. _______________ 3 532008B.I1-17/3/98

 


 

Transport Acts (Amendment) Act 1998 s. 8 Act No. PART 3--TRANSPORT ACT 1983 8. Abolition of restriction on the carriage of certain goods No. 9921. Division 9 of Part VI of the Transport Act 1983 Reprint No. 5. 5 is repealed. as at 1 June 1997. Further amended by Nos 63/1997, 104/1997 and 106/1997. 9. Repeal of Schedule of classes, kinds or description of certain goods Schedule 8 to the Transport Act 1983 is repealed. 10 10. References to Subordinate Legislation Act (1) For section 81(6) of the Transport Act 1983 substitute-- "(6) An Order made under sub-section (1) is subject to disallowance by Parliament and 15 Part 5 of the Subordinate Legislation Act 1994 applies to an Order as if the Order were a statutory rule within the meaning of that Act, notice of the making of which had been published in the Government Gazette on the 20 day on which the Order was so published.". (2) In section 83(1) of the Transport Act 1983 after "shall" insert "by notice published in the Government Gazette". (3) After section 83(1) of the Transport Act 1983 25 insert-- "(1A) A determination comes into operation on the day on which it is published in the Government Gazette or on such later date as is specified in the determination.". 4 532008B.I1-17/3/98

 


 

Transport Acts (Amendment) Act 1998 s. 10 Act No. (4) For section 83(3) of the Transport Act 1983 substitute-- "(3) The determinations of the Minister are subject to disallowance by the Parliament or 5 by a House of the Parliament and section 15 and Part 5 of the Subordinate Legislation Act 1994 apply to a determination as if the determination were a statutory rule within the meaning of that Act, notice of the making 10 of which had been published in the Government Gazette on the day on which the determination was so published.". (5) In section 215 of the Transport Act 1983, sub- sections (2) and (3) are repealed. 15 (6) In section 256 of the Transport Act 1983, sub- sections (3) and (4) are repealed. _______________ 5 532008B.I1-17/3/98

 


 

Transport Acts (Amendment) Act 1998 s. 11 Act No. PART 4--RAIL CORPORATIONS (AMENDMENT) ACT 1997 11. Authorized persons No. 104/1997. In section 36 of the Rail Corporations (Amendment) Act 1997, in paragraph (d) of the 5 proposed new section 221A(1) of the Transport Act 1983, for "is employed or engaged" substitute "in the case of a person who is employed or engaged by a passenger transport company, is employed or engaged". 10 6 532008B.I1-17/3/98

 


 

Transport Acts (Amendment) Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 7 532008B.I1-17/3/98

 


 

Transport Acts (Amendment) Act 1998 Act No. 8 532008B.I1-17/3/98

 


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