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PARLIAMENT OF VICTORIA
Transport (Miscellaneous Amendments) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983 3
3. Substitution of section 129S 3
129S. Protection against self-incrimination 3
4. Inquiry into accidents and incidents 3
5. Correction of typographical error 4
6. Repeal of inappropriate provision 4
7. Power of authorised person to detain suspected offenders 4
PART 3--AMENDMENTS TO THE RAIL CORPORATIONS ACT
1996 6
8. Reinstatement of failed amendment 6
9. Objectives of the Office of the Regulator-General 6
10. Insertion of section 38DA 6
38DA. Meaning of "access seeker information" 6
11. Obligations of operator of declared rail transport services 7
12. Insertion of section 38EA 7
38EA. Information to be prepared for access seekers 7
38EB. Confidential access seeker information 9
38EC. Right to appeal against a disclosure notice 10
13. Substitution of section 38K 10
38K. Costs of determination 11
14. Substitution of section 38O 11
38O. Financial and business information to be prepared and
kept 11
38OA. Offence to provide false information 13
38OB. Giving of information 13
38OC. Protection against self-incrimination 14
15. Minor consequential amendment 14
16. Insertion of section 38PA 14
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Clause Page
38PA. Right to appeal against a disclosure notice 14
ENDNOTES 16
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PARLIAMENT OF VICTORIA
Initiated in Council 3 October 2000
A BILL
to amend the Transport Act 1983 and the Rail Corporations Act
1996 and for other purposes.
Transport (Miscellaneous Amendments)
Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is--
(a) to amend the Transport Act 1983--
5 (i) to facilitate the investigation of railway
accidents; and
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(ii) to generally improve the operation of
that Act; and
(b) to amend the Rail Corporations Act 1996
to improve the operation of the access
5 regime relating to rail and tram transport
services.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
10 _______________
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PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
3. Substitution of section 129S
For section 129S of the Transport Act 1983
substitute--
5 "129S. Protection against self-incrimination
(1) A person required to provide any
information, to give any evidence, or to
produce any document or thing, under this
Subdivision or Subdivision 6 is not excused
10 from providing the information, giving the
evidence or producing the document or thing
on the ground that the information, evidence,
document or thing may tend to incriminate
him or her.
15 (2) Any information provided, evidence given,
or document or thing produced, by a person
under this Subdivision or Subdivision 6 is
not admissible against him or her in any
proceedings, whether civil or criminal, nor
20 can it be made the ground of any
prosecution, action or suit against him or her
other than in proceedings for perjury or
giving false information.".
4. Inquiry into accidents and incidents
25 At the end of section 129U of the Transport Act
1983 insert--
"(2) For the purposes of this section, sections
129E to 129R apply as if--
(a) a reference to an inspector was a
30 reference to a person or body required
to conduct an inquiry;
(b) a reference to an inspector's identity
card was a reference to a document
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signed by the Minister requiring the
person or body to conduct an inquiry.
(3) In conducting an inquiry, the person or body
required to conduct the inquiry has the
5 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.
(4) In conducting an inquiry, the person or body
required to conduct the inquiry--
10 (a) must act fairly and according to equity
and good conscience without regard to
technicalities or legal forms; and
(b) is not required to conduct the inquiry in
a formal manner; and
15 (c) is not bound by rules or practice as to
evidence but may inform herself,
himself or itself in relation to any
matter in any manner that he, she or it
thinks fit.
20 (5) Subject to this Act and the regulations, the
procedure of the person or body on, or in
connection with, an inquiry under this
section is in his, her or its discretion.".
5. Correction of typographical error
25 In section 129Y(1)(d) of the Transport Act 1983,
for "129U or 129V" substitute "129T and 129U".
6. Repeal of inappropriate provision
Section 157(7) of the Transport Act 1983 is
repealed.
30 7. Power of authorised person to detain suspected
offenders
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For sections 219AA(5) and (6) of the Transport
Act 1983 substitute--
"(5) If an alleged offender is arrested in respect of
a summary offence, he or she may only be
5 detained for so long as the reason for the
arrest under sub-section (3) continues. The
person detaining the alleged offender must
release the alleged offender as soon as the
reason ceases to exist, regardless of whether
10 or not the alleged offender has been charged
with the offence.
(6) If the person responsible for arresting an
alleged offender is not a member of the
police force or an authorised person, the
15 person must give the alleged offender into
the charge of a member of the police force or
an authorised person as soon as is practicable
after arresting the alleged offender (unless
sub-section (5) applies).
20 (6A) If a member of the police force or an
authorised person arrests an alleged offender
or is given charge of an alleged offender, the
member or authorised person must convey
the alleged offender as soon as is practicable
25 before a bail justice or the Magistrates' Court
to be dealt with according to law (unless sub-
section (5) applies).".
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PART 3--AMENDMENTS TO THE RAIL CORPORATIONS
ACT 1996
8. Reinstatement of failed amendment
(1) In section 3(1) of the Rail Corporations Act
5 1996, in the definition of "rail transport service",
after "Rail Track," insert "the Spencer Street
Station Authority,".
(2) Section 9(1) of the Rail Corporations and
Transport Acts (Miscellaneous Amendments)
10 Act 1999 is repealed.
9. Objectives of the Office of the Regulator-General
In section 38B(b) of the Rail Corporations Act
1996, after "require access to" insert "rail
transport services or".
15 10. Insertion of section 38DA
After section 38D of the Rail Corporations Act
1996 insert--
'38DA. Meaning of "access seeker information"
Access seeker information is information
20 relating to the operation of a declared rail
transport service--
(a) that, in the opinion of the Office, is
necessary to enable a person to make an
informed decision about--
25 (i) whether to seek access to the
service; and
(ii) appropriate terms and conditions
on which to seek access; and
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(b) that the Office, by notice in writing,
requires the operator of the service to
prepare and keep for the purposes of
this Part.'.
5 11. Obligations of operator of declared rail transport
services
For section 38E(1)(c) of the Rail Corporations
Act 1996 substitute--
"(c) at the request of a person seeking, or
10 considering seeking, access to a declared rail
transport service, provide to that person the
access seeker information approved under
section 38EA.".
12. Insertion of section 38EA
15 After section 38E of the Rail Corporations Act
1996 insert--
'38EA. Information to be prepared for access
seekers
(1) In this section--
20 "business day" means a day that is not--
(a) a Saturday or a Sunday; or
(b) a day that is wholly or partly
observed as a public holiday
throughout Victoria.
25 (2) The Office may, from time to time by written
notice, require the operator of a declared rail
transport service to supply the Office, by a
specified date, with draft access seeker
information in a specified form and manner.
30 (3) In specifying a date, the Office must specify
a date that is at least 15 business days after
the date the notice is given to the operator.
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(4) If the Office is not satisfied with the form,
quantity or quality of any draft access seeker
information supplied in response to a notice
under sub-section (2), the Office may, by a
5 second written notice, require the operator to
supply the Office, by a specified date, with
revised draft access seeker information.
(5) The second notice (if any)--
(a) must specify what deficiencies in the
10 draft information need to be remedied;
and
(b) must specify a date for complying with
the notice that is at least 5 business
days after the date the notice is given to
15 the operator.
(6) If the Office is satisfied with the form,
quantity and quality of any draft access
seeker information, the Office must give the
operator a written notice stating that it has
20 approved the information as being suitable
for supply to a person for the purposes of
section 38E(1).
(7) The operator must--
(a) in response to a requirement made
25 under sub-section (2), supply to the
Office by the required date and in the
required manner (if any) draft access
seeker information that substantially
complies with the requirement;
30 (b) comply with any requirement made
under sub-section (4).
Penalty: 100 penalty units or imprisonment
for 2 years.
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38EB. Confidential access seeker information
(1) The Office cannot require an operator to
include as access seeker information any
information that the operator states is of a
5 confidential or commercially sensitive nature
unless sections 38P(2)(a), (b), (c) and (d)
apply.
(2) For the purposes of sub-section (1), sections
38P(2)(a), (b), (c) and (d) and (4) apply as
10 if--
(a) a reference to the disclosure of
information or the contents of a
document to a person was a reference
to the inclusion of the relevant
15 information as access seeker
information; and
(b) a reference to the person supplying
information or the contents of a
document was a reference to the
20 operator.
(3) Nothing in sub-section (1) is intended to
interfere with the obligation on the operator
to supply information that the operator states
is of a confidential or commercially sensitive
25 nature to the Office under section 38EA.
(4) If an appeal is lodged under section 38EC
and the appeal--
(a) is withdrawn or dismissed, the operator
must include the information that was
30 the subject of the appeal in the access
seeker information;
(b) is granted, the operator need not
include the information that was the
subject of the appeal in the access
35 seeker information.
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38EC. Right to appeal against a disclosure notice
(1) A person who is given a notice under section
38EB(1) and who is aggrieved by a decision
of the Office to require information to be
5 included in an operator's access seeker
information may appeal against the decision.
(2) Sections 38PA(2) to (4) apply to the appeal.
(3) Sections 38, 38A, 38B and 38C of the Office
of the Regulator-General Act 1994 also
10 apply to the appeal.
(4) For the purposes of sub-section (3)--
(a) a reference to "section 37" in section
38(1) of the Office of the Regulator-
General Act 1994 is to be read as if it
15 was a reference to this section; and
(b) section 38(4) of that Act is to be read as
if the following paragraphs were
substituted for sections 38(4)(a) and
(b)--
20 "(a) may affirm the requirement to
include the information in the
operator's access seeker
information; or
(b) may cancel the requirement; or
25 (c) may set aside the requirement and
remit it to the Office for
amendment in accordance with
the decision and recommendations
(if any) of the appeal panel.".'.
30 13. Substitution of section 38K
For section 38K of the Rail Corporations Act
1996 substitute--
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'38K. Costs of determination
(1) In this section, "Office's costs" means the
Office's costs in considering an application
for the making of a determination for the
5 purposes of this Part.
(2) After making, or refusing to make, a
determination, the Office may--
(a) order the operator to pay up to half of
the Office's costs;
10 (b) order the person seeking access to pay
up to half of the Office's costs;
(c) make both of the orders described in
paragraphs (a) and (b).
(3) In making an order under sub-section (2)(c),
15 the Office may require each party to bear
different proportions of the costs.
(4) An order for costs is a debt due to the
Office.'.
14. Substitution of section 38O
20 For section 38O of the Rail Corporations Act
1996 substitute--
"38O. Financial and business information to be
prepared and kept
(1) The operator of a declared rail transport
25 service must prepare and keep--
(a) any access seeker information that the
Office requires the operator to prepare
and keep under section 38DA; and
(b) any financial and business information
30 that is necessary to enable the
compilation of that access seeker
information; and
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(c) any other information that the Office
requires the operator to prepare and
keep under sub-section (2).
Penalty: 100 penalty units or imprisonment
5 for 2 years.
(2) The Office may, by written notice, require an
operator to prepare and keep any information
that the Office considers may be useful in the
future to the Office for the purpose of
10 making a determination under section 38F.
(3) Without limiting sub-section (2), the
information the Office may require an
operator to prepare and keep may include--
(a) historical, current and forecast cost
15 information (including information
about operations and maintenance costs
and new capital expenditure);
(b) historical, current and forecast usage
information;
20 (c) regulatory accounts (showing cost
projections for a declared service
broken into specified categories).
(4) The operator must ensure that any
information that the operator has to prepare
25 and keep--
(a) is kept separately from any other
information relating to any other
business conducted by the operator; and
(b) is prepared and kept in any form and
30 manner specified by the Office.
Penalty: 100 penalty units or imprisonment
for 2 years.
(5) A requirement made under sub-section (2)
must specify--
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(a) the date from which the information is
to be kept; and
(b) that the requirement is made under this
section and must include a copy of this
5 section.
(6) Part 3A of the Office of the Regulator-
General Act 1994 does not apply to any
information prepared and kept by an operator
of a declared rail transport service.
10 38OA. Offence to provide false information
A person must not, in purported compliance
with a requirement made under this Part,
knowingly give the Office information that is
false or misleading.
15 Penalty: 100 penalty units or imprisonment
for 2 years.
38OB. Giving of information
(1) A person must not--
(a) threaten, intimidate or coerce another
20 person; or
(b) take, threaten to take, incite or be
involved in any action that causes
another person to suffer any loss, injury
or disadvantage--
25 because that other person complied, or
intends to comply, with a requirement made
under this Part.
Penalty: 100 penalty units or imprisonment
for 2 years.
30 (2) A person is not liable in any way for any
loss, damage or injury suffered by another
person because of the giving in good faith of
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a document or information to the Office
under this Part.
38OC. Protection against self-incrimination
If a person is required to provide information
5 or a document to the Office under this Part, it
is a lawful excuse for the person to fail to
comply with the requirement if compliance
may tend to make the person liable to a
penalty for any other offence.".
10 15. Minor consequential amendment
In section 38P(1) of the Rail Corporations Act
1996, for "section 38O" substitute "section
38H(1)".
16. Insertion of section 38PA
15 After section 38P of the Rail Corporations Act
1996 insert--
'38PA. Right to appeal against a disclosure notice
(1) A person who is given a notice under section
38P(2)(c) or (d) and who is aggrieved by a
20 decision of the Office to disclose information
or the contents of a document may appeal
against the decision.
(2) An appeal may only be made on the ground
that--
25 (a) the decision was not made in
accordance with the law; or
(b) the decision is unreasonable having
regard to all relevant circumstances.
(3) The person must lodge notice of the appeal
30 with the Office within 7 working days after
the person is given the notice.
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(4) On the hearing of an appeal under this
section, the Office bears the onus of
establishing that--
(a) the decision was made in accordance
5 with the law; and
(b) the decision is reasonable having regard
to all relevant circumstances.
(5) Sections 38, 38A, 38B and 38C of the Office
of the Regulator-General Act 1994 apply
10 to an appeal under this section.
(6) For the purposes of sub-section (5)--
(a) a reference to "section 37" in section
38(1) of the Office of the Regulator-
General Act 1994 is to be read as if it
15 was a reference to this section; and
(b) section 38(4) of that Act is to be read as
if the following paragraphs were
substituted for sections 38(4)(a) and
(b)--
20 "(a) may affirm that the Office may
disclose the information or
document that is the subject of the
appeal; or
(b) may forbid disclosure by the
25 Office of the information or
document; or
(c) may restrict the intended
disclosure by the Office of the
information or document within
30 limits specified by the panel.".'.
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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