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PARLIAMENT OF VICTORIA
Transport (Further Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO TRANSPORT ACT 1983 AND
ROAD SAFETY ACT 1986 3
3. Principal Act 3
4. Amendments to definitions section 3
5. Objects and functions of the Department 4
6. Contracts for the provision of transport service 4
7. Particular powers of Secretary 4
8. Repeal of section 6C 4
9. Repeal of sections 13 and 14 and Division 3A of Part II 4
10. Repeal of section 26A 4
11. Repeal of section 39(2) 4
12. Power of former Corporation to assign its rights and liabilities 4
13. Repeal of section 68A 5
14. Insertion of new section 76A 5
76A. Power to give a guarantee in relation to a contract
assigned by the Secretary 5
15. Guarantee provision--Change of references to Treasurer and
power to amend guarantee 7
16. Guarantee provision--Repeal of power to execute guarantee in
favour of PTC 9
17. Insertion of new section 77A 10
77A. Power to give a guarantee in relation to a contract
assigned by the Secretary 10
18. Repeal of sections 79, 80 and 81 12
19. Powers of arrest and removal 12
20. Offences to smoke in carriage etc. in certain circumstances 12
21. Amendment to definition of graffiti clean-up program 12
22. Determination of differences 12
23. Amendment of regulation making power 13
24. Amendment to Schedule 5--provisions with respect to roads 13
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Clause Page
25. Consequential amendments to Principal Act and Road Safety
Act 1986 13
26. Insertion of new Division 3 of Part 8 13
Division 3--Transitional and Savings Provisions--Transport
(Further Amendment) Act 2001 13
257. Definitions 13
258. Transfer of rights and liabilities etc. of PTC to the
Secretary on behalf of the Crown 13
259. List of staff to be transferred 16
260. Transfer of staff of PTC 16
261. Savings provision--assignments 18
262. Savings provision--guarantees 18
263. Transitional provision--Power to amend or grant further
guarantee on assignment of contract 18
27. Statute law revision 20
PART 3--AMENDMENTS TO THE RAIL CORPORATIONS ACT
1996 21
28. Definitions 21
29. Statute Law Revision 21
30. Removal of power of Minister to direct PTC to enter into lease 21
31. Amendment to requirement to fence 21
32. Amendment to level crossing provision 21
33. Amendment to provision relating to tram infrastructure 22
34. Amendment to provision relating to power to stop traffic 22
35. Amendment of provision relating to prohibited interests 22
36. Insertion of new sections 114 and 115 22
114. Order relating to no obligation to fence 22
115. Order relating to power to stop of traffic 23
PART 4--AMENDMENTS TO OTHER ACTS CONSEQUENT ON
THE ABOLITION OF THE PUBLIC TRANSPORT
CORPORATION 24
37. Amendment to Transport Accident Act 1986 24
38. Amendment to Transport Superannuation Act 1988 24
39. Amendments to Limitation of Actions Act 1958 24
40. Insertion of new definition of "Rail Track" in Melbourne and
Metropolitan Board of Works Act 1958 25
41. Amendments to Melbourne and Metropolitan Board of Works
Act 1958 25
42. Amendments to National Rail Corporation (Victoria) Act
1991 26
43. Amendment to Southgate Project Act 1994 26
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Clause Page
44. Amendment to Water Industry Act 1994 27
PART 5--AMENDMENTS TO THE MELBOURNE CITY LINK
ACT 1995 AND THE MELBOURNE CITY LINK
(MISCELLANEOUS AMENDMENTS) ACT 2000 28
45. Temporary Registration 28
46. Offence to give fraudulent information 28
47. Repeal of sunset provisions--Melbourne City Link
(Miscellaneous Amendments) Act 2000 28
_________________
SCHEDULE--Consequential amendments to Transport Act 1983
and Road Safety Act 1986 30
ENDNOTES 35
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541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
PARLIAMENT OF VICTORIA
Initiated in Assembly 6 June 2001
A BILL
to amend the Rail Corporations Act 1996 and the Transport Act
1983 and other Acts to make provision for the winding-up of the
Public Transport Corporation, to amend the Melbourne City Link
Act 1995 and the Melbourne City Link (Miscellaneous
Amendments) Act 2000 and for other purposes.
Transport (Further Amendment) Act
2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to make provision for the winding-up of the
5 Public Transport Corporation; and
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Transport (Further Amendment) Act 2001
s. 2
Act No.
(b) to make consequential and other minor
amendments to the Transport Act 1983, the
Rail Corporations Act 1996 and other Acts;
and
5 (c) to make amendments to the tolling
provisions in the Melbourne City Link Act
1995 and to make other minor amendments
to that Act.
2. Commencement
10 (1) Section 1 and this section come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Subject to sub-sections (3), (4) and (5) the
remaining provisions of this Act (including the
15 items in the Schedule) come into operation on a
day or days to be proclaimed.
(3) Section 14 is repealed on 29 June 2003, if it has
not come into operation before 29 June 2003.
(4) Section 17 is repealed on 29 June 2003, if it has
20 not come into operation before 29 June 2003.
(5) If a provision referred to in sub-section (2) (that is
not a provision to which sub-section (3) or (4)
applies) does not come into operation before
30 June 2003, it comes into operation on that day.
25 _______________
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Transport (Further Amendment) Act 2001
s. 3
Act No.
PART 2--AMENDMENTS TO TRANSPORT ACT 1983 AND
ROAD SAFETY ACT 1986
See: 3. Principal Act
Act No.
9921.
In this Part, the Transport Act 1983 is called the
Reprint No. 7
5 Principal Act.
as at
31 May 2000
and
amending
Act Nos
69/2000,
74/2000 and
81/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Amendments to definitions section
(1) In section 2(1) of the Principal Act--
(a) insert the following definition--
' "former Corporation" means the Public
10 Transport Corporation established
under Division 3 of Part 2 of the
Transport Act 1983 as in force
immediately before the commencement
of section 9 of the Transport (Further
15 Amendment) Act 2001;';
(b) the definition of "Administrator" is
repealed;
(c) the definition of "Associated Authority" is
repealed;
20 (d) in the definition of "Corporation", omit "the
Public Transport Corporation or";
(e) in the definition of "officer" for
"a Corporation" substitute
"the Corporation";
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(f) the definition of "Public Transport
Corporation" is repealed.
(2) In section 2 of the Principal Act, sub-sections (4)
(5) and (6) are repealed.
5 5. Objects and functions of the Department
In section 4(2)(aa) of the Principal Act, for
"Public Transport Corporation" substitute
"former Corporation".
6. Contracts for the provision of transport service
10 In section 5 of the Principal Act--
(a) in paragraph (a), for "services; and"
substitute "services.";
(b) paragraphs (b) and (c) are repealed.
7. Particular powers of Secretary
15 Section 6A(3) of the Principal Act is repealed.
8. Repeal of section 6C
Section 6C of the Principal Act is repealed.
9. Repeal of sections 13 and 14 and Division 3A of
Part II
20 Sections 13 and 14 and Division 3A of Part II of
the Principal Act are repealed.
10. Repeal of section 26A
Section 26A of the Principal Act is repealed.
11. Repeal of section 39(2)
25 Section 39(2) of the Principal Act is repealed.
12. Power of former Corporation to assign its rights and
liabilities
Section 40 of the Principal Act is repealed.
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13. Repeal of section 68A
Section 68A of the Principal Act is repealed.
14. Insertion of new section 76A
After section 76 of the Principal Act insert--
5 '76A. Power to give a guarantee in relation to a
contract assigned by the Secretary
(1) Where--
(a) the rights and liabilities of the Public
Transport Corporation under the
10 relevant contract have been transferred
to the Secretary on behalf of the Crown,
whether by an assignment or an
allocation or by any other operation of
law; and
15 (b) those rights and liabilities under that
contract are subsequently assigned to
another person--
the Treasurer may give a guarantee, in
favour of any person, guaranteeing the due
20 performance of any obligations of the person
to whom the rights and liabilities under the
relevant contract are assigned, being
obligations arising under the relevant
contract.
25 (2) Where--
(a) the rights and liabilities of a person
under the relevant contract are assigned
with the approval of the Treasurer to
another person; and
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(b) the obligations of the first-mentioned
person under the relevant contract have
been guaranteed under sub-section
(1)--
5 the Treasurer may give a guarantee, in
favour of any person, guaranteeing the due
performance of any obligations of the
second-mentioned person arising under the
contract.
10 (3) Where--
(a) the rights and liabilities of a person
under the relevant contract are assigned
with the approval of the Treasurer to
another person; and
15 (b) the obligations of the first-mentioned
person under the relevant contract have
been guaranteed under sub-section
(1)--
the Treasurer may amend any guarantee
20 given by him under sub-section (1) so that it
extends to guaranteeing the due performance
of any obligations of the second-mentioned
person under the relevant contract.
(4) Any sums required by the Treasurer for
25 fulfilling any guarantee given by him under
this section must be paid out of the
Consolidated Fund (which is hereby to the
necessary extent appropriated accordingly)
and any sums received or recovered by the
30 Treasurer from the person whose obligations
are guaranteed, in respect of any sums so
paid by the Treasurer must be paid into the
Consolidated Fund.
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(5) In this section "relevant contract" means
the service contract entered into between the
Public Transport Corporation and OneLink
Transit Systems Pty Ltd ACN 059 733 443
5 with effect from 24 May 1994 as amended,
varied and restated from time to time.'.
15. Guarantee provision--Change of references to
Treasurer and power to amend guarantee
(1) In section 77(1) of the Principal Act, for "The
10 Minister administering Part 7 of the Financial
Management Act 1994" substitute "The
Treasurer".
(2) In section 77(1A) of the Principal Act, for "The
Minister administering Part 7 of the Financial
15 Management Act 1994" substitute "The
Treasurer".
(3) In section 77(1B) of the Principal Act --
(a) for "the Minister administering Part 7 of the
Financial Management Act 1994"
20 substitute "the Treasurer";
(b) for "that Minister" substitute "the
Treasurer".
(4) In section 77 of the Principal Act, after sub-
section (1B) insert--
25 "(1C) Where the rights and liabilities of the Public
Transport Corporation arising under a
contract entered into by the Corporation with
a person pursuant to this Act are transferred
to another person (whether by allocation or
30 by any other operation of law), the Treasurer
may amend any guarantee given by him or
her under this section in respect of that
contract so that it extends to guaranteeing the
due performance of any obligations of that
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s. 15
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other person under the contract (whether or
not that other person is the Secretary).
(1D) Where--
(a) the rights and liabilities of a person
5 under the relevant contract are assigned
with the approval of the Treasurer to
another person or transferred to another
person (whether by way of allocation or
by any other operation of law); and
10 (b) the obligations of the first-mentioned
person under the relevant contract have
been guaranteed under this section--
the Treasurer may give a guarantee, in
favour of any person, guaranteeing the due
15 performance of any obligations of the
second-mentioned person arising under the
contract (whether or not the second-
mentioned person is the Secretary).
(1E) Where--
20 (a) the rights and liabilities of a person
under the relevant contract are assigned
with the approval of the Treasurer to
another person or transferred to another
person (whether by way of allocation or
25 by any other operation of law); and
(b) the obligations of the first-mentioned
person under the relevant contract have
been guaranteed under this section--
the Treasurer may amend any guarantee
30 under this section so that it extends to
guaranteeing the due performance of any
obligations of the second-mentioned person
under the relevant contract (whether or not
the second-mentioned person is the
35 Secretary).".
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s. 16
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(5) In section 77(2) of the Principal Act--
(a) for "the Minister administering Part 7 of the
Financial Management Act 1994"
substitute "the Treasurer";
5 (b) for "that Minister" (wherever occurring)
substitute "the Treasurer".
(6) In section 77(3) of the Principal Act --
(a) for "the Minister administering Part 7 of the
Financial Management Act 1994"
10 substitute "the Treasurer";
(b) for "that Minister" substitute "the
Treasurer".
(7) At the end of section 77 of the Principal Act
insert--
15 '(4) In this section "relevant contract" means
the service contract entered into between the
Public Transport Corporation and OneLink
Transit Systems Pty Ltd ACN 059 733 443
with effect from 24 May 1994 as amended,
20 varied and restated from time to time.'.
16. Guarantee provision--Repeal of power to execute
guarantee in favour of PTC
(1) In section 77(1) of the Principal Act, for
"a Corporation" substitute "the Corporation".
25 (2) In section 77(1A) of the Principal Act, for
"a Corporation" substitute "the Corporation".
(3) In section 77(1B) of the Principal Act, for
"a Corporation" substitute "the Corporation".
(4) In section 77 of the Principal Act, sub-sections
30 (1C), (1D) and (1E) are repealed.
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(5) In section 77(3) of the Principal Act, for
"a Corporation" substitute "the Corporation".
(6) In section 77 of the Principal Act, sub-section (4)
is repealed.
5 17. Insertion of new section 77A
After section 77 of the Principal Act insert--
'77A. Power to give a guarantee in relation to a
contract assigned by the Secretary
(1) Where--
10 (a) the rights and liabilities of the former
Corporation under the relevant contract
have been transferred to or vested in the
Secretary on behalf of the Crown,
whether by an assignment or an
15 allocation or by any other operation of
law; and
(b) those rights and liabilities under that
contract are subsequently assigned to
another person--
20 the Treasurer may give a guarantee, in
favour of any person, guaranteeing the due
performance of any obligations of the person
to whom the rights and liabilities under the
relevant contract are assigned, being
25 obligations arising under the relevant
contract.
(2) Where--
(a) the rights and liabilities of a person
under the relevant contract are assigned
30 with the approval of the Treasurer to
another person; and
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Act No.
(b) the obligations of the first-mentioned
person under the relevant contract have
been guaranteed under sub-section
(1)--
5 the Treasurer may give a guarantee, in
favour of any person, guaranteeing the due
performance of any obligations of the
second-mentioned person arising under the
contract.
10 (3) Where--
(a) the rights and liabilities of a person
under the relevant contract are assigned
with the approval of the Treasurer to
another person; and
15 (b) the obligations of the first-mentioned
person under the relevant contract have
been guaranteed under sub-section
(1)--
the Treasurer may amend any guarantee
20 given by him or her under sub-section (1) so
that it extends to guaranteeing the due
performance of any obligations of the
second-mentioned person under the relevant
contract.
25 (4) Any sums required by the Treasurer for
fulfilling any guarantee given by him or her
under this section must be paid out of the
Consolidated Fund (which is hereby to the
necessary extent appropriated accordingly)
30 and any sums received or recovered by the
Treasurer from the person whose obligations
are guaranteed, in respect of any sums so
paid by the Treasurer, must be paid into the
Consolidated Fund.
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(5) In this section "relevant contract" means
the service contract entered into between the
former Corporation and OneLink Transit
Systems Pty Ltd ACN 059 733 443 with
5 effect from 24 May 1994 as amended, varied
and restated from time to time.'.
18. Repeal of sections 79, 80 and 81
Sections 79, 80 and 81 of the Principal Act are
repealed.
10 19. Powers of arrest and removal
(1) In section 219(1A) of the Principal Act, in the
definition of "relevant employee", paragraph (a) is
repealed.
(2) In section 219 of the Principal Act, sub-section (7)
15 is repealed.
(3) In section 220(1) of the Principal Act, in the
definition of "relevant employee", paragraph (a) is
repealed.
20. Offences to smoke in carriage etc. in certain
20 circumstances
In section 222(3)(e) of the Principal Act, for
"the Public Transport Corporation" substitute
"a passenger transport company".
21. Amendment to definition of graffiti clean-up program
25 In section 223A(3) of the Principal Act, for "Chief
Executive of the Public Transport Corporation"
substitute "Secretary".
22. Determination of differences
In section 252(1) of the Principal Act, for
30 "a Corporation" substitute "the Corporation".
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Act No.
23. Amendment of regulation making power
In section 256(1)(a) of the Principal Act, for
"a Corporation" (where twice occurring)
substitute "the Corporation".
5 24. Amendment to Schedule 5--provisions with respect to
roads
In clause 26A(5) of Schedule 5 to the Principal
Act, for "the Public Transport Corporation (where
twice occurring) substitute "Rail Track".
10 25. Consequential amendments to Principal Act and Road
Safety Act 1986
On the coming into operation of an item in the
Schedule, the Act specified in the heading to that
item is amended as set out in that item.
15 26. Insertion of new Division 3 of Part 8
In Part 8 of the Principal Act, after Division 2
insert--
'Division 3--Transitional and Savings
Provisions--Transport (Further Amendment)
20 Act 2001
257. Definitions
In this Division, "appointed day" means
the day on which section 9 of the Transport
(Further Amendment) Act 2001 comes
25 into operation.
258. Transfer of rights and liabilities etc. of PTC
to the Secretary on behalf of the Crown
(1) On the appointed day--
(a) the offices of the Administrator of the
30 Public Transport Corporation and the
Deputy Administrator of the Public
Transport Corporation are abolished
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and the person holding each office goes
out of office; and
(b) all rights, property and assets that,
immediately before the appointed day
5 were vested in the Public Transport
Corporation, vest in the Secretary, on
behalf of the Crown; and
(c) all debts, liabilities and obligations of
the Public Transport Corporation
10 existing immediately before the
appointed day, become debts, liabilities
and obligations of the Secretary, on
behalf of the Crown; and
(d) the Secretary, on behalf of the Crown,
15 is substituted as a party to any
proceedings pending in any court or
tribunal to which the Public Transport
Corporation was a party immediately
before the appointed day; and
20 (e) the Secretary, on behalf of the Crown,
is substituted as a party to any
arrangement or contract entered into by
or on behalf of the Public Transport
Corporation and in force immediately
25 before the appointed day; and
(f) any reference to the Public Transport
Corporation in any Act or in any
proclamation, Order in Council, rule,
regulation, order, agreement,
30 instrument, deed or other document, so
far as it relates to any period after the
appointed day, and if not inconsistent
with the context or subject-matter, must
be construed as a reference to the
35 Secretary, on behalf of the Crown.
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(2) Nothing effected under sub-section (1) or
done or suffered under sub-section (1)--
(a) is to be regarded as placing any person
in breach of contract or confidence or
5 as otherwise making any person guilty
of a civil wrong;
(b) is to be regarded as placing any person
in breach of, or as constituting a default
under any Act or other law or
10 obligation or any provision in any
agreement or understanding, including,
but not limited to, any provision or
obligation prohibiting or restricting or
regulating the assignment, transfer, sale
15 or disposal of any property or the
disclosure of any information;
(c) is to be regarded as fulfilling any
condition that allows a person to
exercise a power, right or remedy in
20 respect of or to terminate any
agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
25 the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
asset, right or liability; or
(e) is to be regarded as causing any
30 contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligor
35 wholly or in part from any obligation.
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259. List of staff to be transferred
The Secretary must list in writing the
officers and employees of the Public
Transport Corporation employed by the
5 Public Transport Corporation immediately
before the appointed day who are to be
employed under Part 3 of the Public Sector
Management and Employment Act 1998.
260. Transfer of staff of PTC
10 (1) A person listed under section 259
("transferred employee") is to be regarded
as--
(a) having been employed under Part 3 of
the Public Sector Management and
15 Employment Act 1998, with effect
from the appointed day; and
(b) having been so employed on the same
terms and conditions as those that
applied to the person immediately
20 before the appointed day as an officer
or employee of the Public Transport
Corporation; and
(c) having accrued an entitlement to
benefits in connection with that
25 employment under Part 3 of the Public
Sector Management and
Employment Act 1998 that is
equivalent to the entitlement that the
person had accrued, as an officer or
30 employee of the Public Transport
Corporation, immediately before the
appointed day.
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(2) The service of a transferred employee as an
employee under Part 3 of the Public Sector
Management and Employment Act 1998 is
to be regarded for all purposes as having
5 been continuous with the service of the
transferred employee, immediately before
the appointed day, as an officer or employee
of the Public Transport Corporation.
(3) A transferred employee is not entitled to
10 receive any payment or other benefit by
reason only of having ceased to be an officer
or employee of the Public Transport
Corporation because of the operation of this
Division.
15 (4) A certificate purporting to be signed by the
Secretary certifying that a person named in
the certificate was, with effect from the
appointed day, employed, by virtue of this
section, under Part 3 of the Public Sector
20 Management and Employment Act 1998,
is admissible in evidence in any proceedings
and is conclusive proof of the matters stated
in it.
(5) The superannuation entitlements of any
25 person who is a transferred employee are to
be taken not to be affected by that person
becoming a transferred employee.
(6) Nothing in this section prevents--
(a) any of the terms and conditions of
30 employment of a transferred employee
from being altered by or under any law,
award or agreement with effect from
any time after the appointed day; or
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(b) a transferred employee from resigning
or being dismissed at any time after that
commencement in accordance with the
then existing terms and conditions of
5 his or her employment under Part 3 of
the Public Sector Management and
Employment Act 1998.
261. Savings provision--assignments
(1) The commencement of section 12 of the
10 Transport (Further Amendment) Act
2001 does not affect any assignment made
under the former section before that
commencement.
(2) In this section, "the former section" means
15 section 40 as in force before its repeal.
262. Savings provision--guarantees
(1) The commencement of section 16 of the
Transport (Further Amendment) Act
2001 does not affect the execution, validity,
20 amendment or assignment of any guarantee
effected under the former section 77 before
that commencement.
(2) In this section, "the former section 77"
means section 77 as in force before the
25 commencement of section 16 of the
Transport (Further Amendment) Act
2001.
263. Transitional provision--Power to amend or
grant further guarantee on assignment of
30 contract
(1) Where--
(a) the rights and liabilities of a person
under the relevant contract are assigned
with the approval of the Treasurer to
35 another person or transferred to another
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person (whether by way of allocation or
by any other operation of law); and
(b) the obligations of the first-mentioned
person under the relevant contract have
5 been guaranteed under section 77 (as in
force before the commencement of
section 16 of the Transport (Further
Amendment) Act 2001--
the Treasurer may give a guarantee, in
10 favour of any person, guaranteeing the due
performance of any obligations of the
second-mentioned person arising under the
contract (whether or not the second-
mentioned person is the Secretary).
15 (2) Where--
(a) the rights and liabilities of a person
under the relevant contract are assigned
with the approval of the Treasurer to
another person or transferred to another
20 person (whether by way of allocation or
by any other operation of law); and
(b) the obligations of the first-mentioned
person under the relevant contract have
been guaranteed under section 77 (as in
25 force before the commencement of
section 16 of the Transport (Further
Amendment) Act 2001)--
the Treasurer may amend any guarantee
under section 77 (as so in force) so that it
30 extends to guaranteeing the due performance
of any obligations of the second-mentioned
person under the relevant contract (whether
or not the second-mentioned person is the
Secretary).
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s. 27
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(3) In this section "relevant contract" means
the service contract entered into between the
former Corporation and OneLink Transit
Systems Pty Ltd ACN 059 733 443 with
5 effect from 24 May 1994 as amended, varied
and restated from time to time.'.
27. Statute law revision
In section 139(1) of the Principal Act, for "to sub-
section (1B)" substitute "sub-section (1A)".
10 _______________
20
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 28
Act No.
PART 3--AMENDMENTS TO THE RAIL CORPORATIONS
ACT 1996
See: 28. Definitions
Act No.
79/1996.
In section 3(3) of the Rail Corporations Act
Reprint No. 2
5 1996, in paragraph (a) omit "or the Public
as at
1 January
Transport Corporation".
2001.
LawToday:
www.dms.
dpc.vic.
gov.au
29. Statute Law Revision
In section 55(g) of the Rail Corporations Act
1996, for "obligee" substitute "obligor".
10 30. Removal of power of Minister to direct PTC to enter
into lease
In section 56 of the Rail Corporations Act 1996,
omit "the PTC or".
31. Amendment to requirement to fence
15 In section 61(4)(b) of the Rail Corporations Act
1996--
(a) omit "the Public Transport Corporation,";
(b) for "the Public Transport Corporation or"
substitute "or".
20 32. Amendment to level crossing provision
In section 64(1)(a) of the Rail Corporations Act
1996, for "entered into by Rail Track, the Public
Transport Corporation or the Secretary or the
Director acting on behalf of" substitute "between
25 that person and Rail Track or that person and".
21
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 33
Act No.
33. Amendment to provision relating to tram
infrastructure
In section 65(1) of the Rail Corporations Act
1996, for "entered into by Rail Track, the Public
5 Transport Corporation or the Secretary or the
Director acting on behalf of" substitute "between
that person and Rail Track or that person and".
34. Amendment to provision relating to power to stop
traffic
10 In section 67 of the Rail Corporations Act
1996--
(a) in sub-section (1), for "entered into by Rail
Track, the Public Transport Corporation or
the Secretary or the Director acting on behalf
15 of" substitute "between that person and Rail
Track or that person and"; and
(b) in sub-section (4), in paragraph (b) omit
", the Public Transport Corporation"
(wherever occurring).
20 35. Amendment of provision relating to prohibited
interests
In section 92(6) of the Rail Corporations Act
1996, for "entered into by the other operator with
the Director acting on behalf of the Crown, the
25 Public Transport Corporation, Rail Track"
substitute "between that person and the Crown,
Rail Track".
36. Insertion of new sections 114 and 115
After section 113 of the Rail Corporations Act
30 1996 insert--
"114. Order relating to no obligation to fence
Despite the commencement of section 31 of
the Transport (Further Amendment) Act
2001, an Order of the Governor in Council in
22
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 36
Act No.
force under section 61(4) immediately before
that commencement continues in force
subject to any terms and conditions specified
in the Order.
5 115. Order relating to power to stop of traffic
Despite the commencement of section 33 of
the Transport (Further Amendment) Act
2001, an Order of the Governor in Council in
force under section 65(3) immediately before
10 that commencement continues in force
subject to any terms and conditions specified
in the Order.".
_______________
23
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 37
Act No.
PART 4--AMENDMENTS TO OTHER ACTS CONSEQUENT
ON THE ABOLITION OF THE PUBLIC TRANSPORT
CORPORATION
See:
37. Amendment to Transport Accident Act 1986 Act No.
111/1986.
5 After section 135(4) of the Transport Accident Reprint No. 7
Act 1986, insert-- as at
1 July 2000
'(5) In this section "Public Transport Law Today:
www.dms.
Corporation" has the same meaning as dpc.vic.gov.
"former Corporation" has in the Transport au
10 Act 1983.'.
See:
38. Amendment to Transport Superannuation Act 1988 Act No.
33/1988.
In section 3(1) of the Transport Superannuation Reprint No. 3
Act 1988, in the definition of "Transport as at
1 July 1999
Authority", omit paragraph (a). and
amending
Act Nos
29/2000 and
95/2000.
Law Today:
www.dms.
dpc.vic.gov.
au
See:
15 39. Amendments to Limitation of Actions Act 1958 Act No.
6295.
In section 7A of the Limitation of Actions Act Reprint No. 6
1958-- as at
8 December
(a) omit "the Public Transport Corporation 1994.
LawToday:
established under the Transport Act 1983 or www.dms.
20 of"; dpc.vic.
gov.au
(b) for "that Corporation or Victorian Rail Track
(as the case requires)" substitute "Victorian
Rail Track".
24
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 40
Act No.
40. Insertion of new definition of "Rail Track" in
See:
Melbourne and Metropolitan Board of Works Act
Act No.
6310.
1958
Reprint No. 9
as at
In section 3(1) of the Melbourne and
1 July 1999
5 and Metropolitan Board of Works Act 1958, insert
amending
the following definition--
Act Nos
66/2000,
' "Rail Track" means the body established under
69/2000 and
81/2000.
Division 2 of Part 2 of the Rail
Law Today:
Corporations Act 1996;'.
www.dms.
dpc.vic.gov.
au
10 41. Amendments to Melbourne and Metropolitan Board
of Works Act 1958
(1) In section 152 of the Melbourne and
Metropolitan Board of Works Act 1958 for
"the Public Transport Corporation" substitute
15 "Rail Track".
(2) In section 180 of the Melbourne and
Metropolitan Board of Works Act 1958 for
"the Public Transport Corporation" (wherever
occurring) substitute "Victorian Rail Track".
20 (3) In section 181 of the Melbourne and
Metropolitan Board of Works Act 1958 for
"the Public Transport Corporation" (wherever
occurring) substitute "Rail Track".
(4) In section 183 of the Melbourne and
25 Metropolitan Board of Works Act 1958 for
"the Public Transport Corporation" substitute
"Rail Track".
(5) In section 239 of the Melbourne and
Metropolitan Board of Works Act 1958 for
30 "the Public Transport Corporation" substitute
"Rail Track".
(6) In section 259(1) of the Melbourne and
Metropolitan Board of Works Act 1958, in the
25
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 42
Act No.
definition of "public corporation", omit "the
Public Transport Corporation,".
(7) Section 263 of the Melbourne and Metropolitan
Board of Works Act 1958, sub-section (5) is
5 repealed.
(8) In section 272(b)(i) of the Melbourne and
Metropolitan Board of Works Act 1958 for
"the Public Transport Corporation" substitute
"Victorian Rail Track".
See:
10 42. Amendments to National Rail Corporation (Victoria) Act No.
Act 1991 76/1991
and
(1) In section 3 of the National Rail Corporation amending
Act Nos
(Victoria) Act 1991-- 16/1998 and
85/1998.
(a) the definition of "PTC" is repealed; LawToday:
www.dms.
15 (b) in the definition of "rail freight assets", omit dpc.vic.
gov.au
"or of the PTC".
(2) Section 10 of the National Rail Corporation
(Victoria) Act 1991 is repealed.
See:
43. Amendment to Southgate Project Act 1994 Act No.
57/1994.
20 In paragraph (a) of the definition of "owner" in LawToday:
section 3 of the Southgate Project Act 1994, for www.dms.
dpc.vic.
"the Public Transport Corporation" substitute gov.au
"Victorian Rail Track established by Division 2 of
Part 2 of the Rail Corporations Act 1996".
26
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 44
Act No.
44. Amendment to Water Industry Act 1994
See:
Act No.
In Schedule 1 to the Water Industry Act 1994--
121/1994.
Reprint No. 3
(a) in item 1, for "the Public Transport
as at
1 January
Corporation" substitute "Victorian Rail
1999
5 Track established by Division 2 of Part 2 of
and
amending
the Rail Corporations Act 1996";
Act Nos
22/1999,
(b) in item 2, for "the Public Transport
59/2000 and
Corporation" substitute "Victorian Rail
66/2000.
LawToday:
Track established by Division 2 of Part 2 of
www.dms.
10 the Rail Corporations Act 1996".
dpc.vic.
gov.au
_______________
27
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 45
Act No.
PART 5--AMENDMENTS TO THE MELBOURNE CITY LINK
ACT 1995 AND THE MELBOURNE CITY LINK
(MISCELLANEOUS AMENDMENTS) ACT 2000
See:
45. Temporary Registration Act No.
107/1995.
5 (1) In section 73C(1) of the Melbourne City Link Reprint No. 3
Act 1995, for "27 hours" substitute "14 days". as at
1 July 1999
(2) For section 73C(2) of the Melbourne City Link and
amending
Act 1995 substitute-- Act Nos
102/1998,
"(2) Registration in accordance with this section 4/2000,
10 69/2000,
may be granted subject to conditions of use
74/2000 and
notified to the person seeking the registration 81/2000.
either orally or in writing or partly orally and LawToday:
www.dms.
in writing. dpc.vic.
gov.au
(2A) If registration is sought on a particular day,
15 the commencement of the registration may
be back-dated to a time not earlier than the
beginning of the immediately preceding
day.".
46. Offence to give fraudulent information
20 At the end of section 75 of the Melbourne City
Link Act 1995 insert--
"(2) A person who seeks the right to drive a
vehicle on a tollway must not make a false
representation to a relevant corporation in
25 seeking to do so.
Penalty: 10 penalty units.".
47. Repeal of sunset provisions--Melbourne City Link
(Miscellaneous Amendments) Act 2000
(1) In section 22(2) of the Melbourne City Link
30 (Miscellaneous Amendments) Act 2000,
proposed sub-section (1B) of section 77 of the
Melbourne City Link Act 1995 is repealed.
28
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
s. 47
Act No.
(2) In section 23 of the Melbourne City Link
(Miscellaneous Amendments) Act 2000,
proposed sub-section (1B) of section 78 of the
Melbourne City Link Act 1995 is repealed.
5 _________________
29
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
Sch.
Act No.
SCHEDULE
CONSEQUENTIAL AMENDMENTS TO TRANSPORT ACT
1983 AND ROAD SAFETY ACT 1986
1. Transport Act 1983
5 1.1 In section 4(2), in paragraph (c), for "Corporations"
substitute "Corporation".
1.2 In section 4(2), in paragraph (d), for "Corporations"
substitute "Corporation".
1.3 In section 4(2), in paragraph (e), for "Corporations in the
10 exercise of their functions" substitute "Corporation in the
exercise of its functions".
1.4 In section 4(2), in paragraph (g), for "Corporations"
substitute "Corporation".
1.5 In the heading to Division 3 of Part II, for "Corporations"
15 substitute "Corporation".
1.6 In section 21(1) for "Each" substitute "The".
1.7 In section 21(2) for "a Corporation" substitute
"the Corporation".
1.8 In section 27 for "Each" substitute "The".
20 1.9 In section 29 for "a Corporation" substitute
"the Corporation".
1.10 In section 31(1) for "Each" substitute "The".
1.11 In section 31(2) for "a Corporation" substitute
"the Corporation".
25 1.12 In section 32(2) for "A Corporation" substitute
"The Corporation".
1.13 In the heading to Part III for "CORPORATIONS"
substitute "CORPORATION".
1.14 Sections 32(2A) and 32(3A) are repealed.
30 1.15 In section 38(1) for "Each" substitute "The".
1.16 In section 38(2) for "a Corporation" substitute
"the Corporation".
30
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
Sch.
Act No.
1.17 In section 39(1) for "a Corporation" substitute
"the Corporation".
1.18 In section 39(2) for "a Corporation" substitute
"the Corporation".
5 1.19 In section 42(1) for "A Corporation" substitute
"The Corporation".
1.20 In section 42(2)(b), for "Public Transport Corporation or the
Roads Corporation (as the case requires)" substitute
"Corporation".
10 1.21 In section 42(5) for "a Corporation" substitute
"the Corporation".
1.22 In section 42(6) for "a Corporation" substitute
"the Corporation".
1.23 In section 42(8) for "a Corporation" substitute
15 "the Corporation".
1.24 In section 42(9) for "a Corporation" substitute
"the Corporation".
1.25 In section 42(10) for "a Corporation" substitute
"the Corporation".
20 1.26 In section 45(1) for "A Corporation" substitute
"The Corporation".
1.27 In section 45(2) for "a Corporation" substitute
"the Corporation".
1.28 In section 45(3) for "A Corporation" substitute
25 "The Corporation".
1.29 In section 46 for "a Corporation" substitute
"the Corporation".
1.30 In section 47(1) for "a Corporation" substitute
"the Corporation".
30 1.31 In section 47(2) for "A Corporation" substitute
"The Corporation";
1.32 Sections 47(5) and 47(6) are repealed.
1.33 Section 55(2) is repealed.
1.34 In section 56(2)(r), for "a Corporation" substitute
35 "the Corporation".
1.35 In section 58(1) for "each Corporation (where twice
occurring)" substitute "the Corporation".
31
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
Sch.
Act No.
1.36 In section 58(2) omit "relevant".
1.37 In section 58(3) omit "relevant".
1.38 In section 58(5) for "Each" substitute "The".
1.39 In section 58(6) omit "relevant".
5 1.40 In section 59--
(a) for "Corporations in the preparation of their budgets"
substitute "Corporation in the preparation of its
budgets"; and
(b) for "inform the Corporations" substitute "inform the
10 Corporation".
1.41 In section 60(1) for "each" substitute "the".
1.42 In section 60(2) for "Each" substitute "The".
1.43 In section 60(3)--
(a) for "each" substitute "the"; and
15 (b) for "Corporations" substitute "Corporation".
1.44 In section 60(4) for "Each" substitute "The".
1.45 In section 60(5) for "a Corporation" substitute
"the Corporation".
1.46 In section 60(6) for "Each" substitute "The".
20 1.47 In section 60(7), for "Each" substitute "The".
1.48 In section 61--
(a) in paragraph (a), for "each" substitute "the"; and
(b) in paragraph (b), for "those Corporations" substitute
"the Corporation".
25 1.49 In section 62 for "each" substitute "the".
1.50 In section 63--
(a) for "a Corporation or Corporations" substitute
"the Corporation";
(b) omit "any consequent changes that may be necessary
30 to the budgets of the other Corporation and to";
(c) for "budgets of Corporations" substitute "budget of
the Corporation".
1.51 In section 64(1)--
32
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
Sch.
Act No.
(a) for "a Corporation" substitute "the Corporation"; and
(b) for "that Corporation" substitute "the Corporation".
1.52 In section 65 for "a Corporation" substitute
"the Corporation,".
5 1.53 In section 66(1) for "Each" substitute "The".
1.54 In section 66(2) for "Each" substitute "The".
1.55 In section 66(3) for "each" substitute "the".
1.56 In section 66(4) for "each" substitute "the".
1.57 In section 66(5) for "a Corporation" substitute
10 "the Corporation".
1.58 In section 66(6) for "A Corporation" substitute
"The corporation".
1.59 In section 76(1) for "Roads Corporation" substitute
"Corporation".
15 1.60 In section 81A for "A corporation" substitute
"The Corporation".
1.61 Section 81B is repealed.
1.62 In section 97(5)(d), omit "or the Public Transport
Corporation".
20 1.63 In section 143(1)(e), omit "the Public Transport
Corporation or".
1.64 In section 149(2), paragraph (a) is repealed.
1.65 In section 249(1) for "a Corporation" substitute
"the Corporation".
25 1.66 In Schedule 2--
(a) in the heading, for "CORPORATIONS" substitute
"THE CORPORATION";
(b) in item 2--
(i) omit "the other Corporation," (where first
30 occurring); and
(ii) in paragraph (a), for "the other Corporation",
(where twice occurring) substitute "a"; and
(iii) in paragraph (b) for "the other Corporation,"
substitute "a".
33
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
Sch.
Act No.
2. Road Safety Act 1986 See:
Act No.
2.1 In section 77(1), paragraph (a) is repealed; 127/1986.
Reprint No. 6
2.2 In section 77(2)--
as at
1/12/2000.
(a) for "a Corporation" substitute "the Corporation"; and
5 (b) for "that Corporation" substitute "the Corporation";
2.3 In section 77(3)--
(a) for "a Corporation" substitute "the Corporation"; and
(b) for "that Corporation" substitute "the Corporation".
10
34
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
Transport (Further Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
35
541166B.I1-8/6/2001 BILL LA CIRCULATION 8/6/01
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