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PARLIAMENT OF VICTORIA
Transport (Miscellaneous Amendments) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983 4
3. Increased penalty for false statements 4
4. Insertion of sections 129WA and 129WB 4
129WA. Codes of practice 4
129WB. Use of codes of practice in proceedings 6
5. Consequential amendments relating to codes of practice 7
6. Grounds of refusal of driver's certificate 7
7. Grounds of revocation of driver's certificate 8
8. Insertion of sections 157A and 157B 9
157A. Extension of meaning of "conviction" as used in
sections 156, 157 and 157B 9
157B. Notification of convictions 10
9. Insertion of sections 175A175D 11
175A. Other conditions of tow truck licence 11
175B. Delayed effect on introduction of new scheme 13
175C. Delayed effect on introduction of new code of practice 14
175D. Delayed effect if new requirements introduced 15
10. Additional regulation-making power 16
11. Divulging of restricted information 16
12. Insertion of section 221T 17
221T. Investigation by Ombudsman 17
13. Minor amendments 18
i
551034B.A1-7/5/2003 BILL LA AS SENT 25-10-2004
Clause Page
PART 3--AMENDMENTS TO THE RAIL CORPORATIONS
ACT 1996 19
Division 1--V/Line Passenger Corporation 19
14. New Division 2A inserted 19
Division 2A--V/Line Passenger Corporation 19
14. Establishment 19
15. Trading name 20
16. V/Line Passenger Corporation not to represent the
Crown 20
17. Objective 20
18. Functions and powers 20
15. Consequential amendments 22
16. Consequential amendments to other Acts 23
Division 2--Other Amendments 23
17. Additional functions 23
18. Restrictions concerning participation in certain schemes 24
PART 4--AMENDMENTS TO THE PUBLIC TRANSPORT
COMPETITION ACT 1995 25
19. Insertion of sections 24A and 24B 25
24A. Codes of practice 25
24B. Use of codes of practice in proceedings 26
20. Other amendments 27
ENDNOTES 28
ii
551034B.A1-7/5/2003 BILL LA AS SENT 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 8 April 2003
As amended by Assembly 6 May 2003
A BILL
to amend the Transport Act 1983, the Rail Corporations Act 1996
and the Public Transport Competition Act 1995 and for other
purposes.
Transport (Miscellaneous Amendments)
Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purposes
The main purposes of this Act are--
(a) to amend the Transport Act 1983--
5 (i) to provide for codes of practice in
relation to rail operations; and
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 1--Preliminary Matters
s. 2
(ii) to enable people who have been
convicted of serious offences to be
disqualified from applying for driver's
certificates for specified periods; and
5 (iii) to provide for schemes of accreditation
and codes of practice in the towing
industry; and
(iv) to enable certain information to be
given to a public transport industry
10 ombudsman; and
(v) to enable the Ombudsman to
investigate the activities of any person
authorised to carry out certain public
transport related functions, even if the
15 person is an employee of a private
company; and
(b) to amend the Rail Corporations Act 1996--
(i) to establish V/Line Passenger
Corporation; and
20 (ii) to ensure that the rail corporations
under that Act are able to participate in
a public transport industry ombudsman
scheme, but only with the approval of
the Minister; and
25 (c) to amend the Public Transport
Competition Act 1995 to provide for codes
of practice in relation to bus operations and
to repeal some obsolete provisions.
2. Commencement
30 (1) This Act (other than Division 1 of Part 3) comes
into operation on the day after the day on which it
receives the Royal Assent.
(2) Division 1 of Part 3 comes into operation on a day
or days to be proclaimed.
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 1--Preliminary Matters
s. 2
(3) If a provision of this Act does not come into
operation before 1 July 2004, it comes into
operation on that day.
__________________
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551034B.A1-7/5/2003 BILL LA AS SENT 25-10-2004
Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 3
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
3. Increased penalty for false statements
See: At the foot of section 91 of the Transport Act
Act No.
1983 insert--
9921/1983.
Reprint No. 8
5 "Penalty: 60 penalty units.".
as at
13 June 2002
and
amending Act
Nos 81/2000
and 54/2001
(as amended
by Act No.
32/2002),
94/2001,
32/2002,
35/2002,
37/2002 and
54/2002.
LawToday:
www.dms.
dpc. vic.
gov.au
4. Insertion of sections 129WA and 129WB
Before section 129X of the Transport Act 1983
insert--
"129WA. Codes of practice
10 (1) For the purpose of providing practical
guidance to accredited managers of rail
infrastructure, accredited providers and
operators of rolling stock and any other
person who may be placed under an
15 obligation by or under this Division, the
Minister may approve one or more codes of
practice.
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Transport (Miscellaneous Amendments) Act 2003
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Part 2--Amendments to the Transport Act 1983
s. 4
(2) A code of practice--
(a) may consist of any code, standard, rule,
specification or provision relating to
any aspect of the management of rail
5 infrastructure or the provision or
operation of rolling stock; and
(b) may apply, incorporate or refer to any
document formulated or published by
any body or authority as in force at the
10 time the code of practice is approved,
or as amended, formulated or published
from time to time.
(3) The approval of a code of practice takes
effect on the day on which notice of the
15 approval is published in the Government
Gazette, or on any later day specified in the
notice.
(4) The Minister may--
(a) approve any revision of the whole, or
20 any part, of an approved code of
practice;
(b) revoke the approval of a code of
practice.
(5) The approval of a revision to an approved
25 code of practice takes effect on the day on
which notice of the approval of the revision
is published in the Government Gazette, or
on any later day specified in the notice.
(6) The approval of an approved code of practice
30 ceases to be of effect at the end of the day on
which notice of the revocation of the
approval is published in the Government
Gazette, or on any later day specified in the
notice.
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Transport (Miscellaneous Amendments) Act 2003
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Part 2--Amendments to the Transport Act 1983
s. 4
(7) The Minister must cause--
(a) a current copy of every approved code
of practice; and
(b) a copy of every document applied,
5 incorporated or referred to in an
approved code of practice (in the form
in which that document has effect in the
code of practice)--
to be made available for inspection by
10 members of the public without charge at the
office of the Secretary during normal office
hours.
(8) A person is not liable to any civil or criminal
proceedings by reason only that he, she or it
15 has failed to observe any provision of an
approved code of practice.
129WB. Use of codes of practice in proceedings
(1) This section applies if it is alleged in any
proceedings under this Act that a person
20 contravened or failed to comply with a
provision of this Act or the regulations in
relation to which an approved code of
practice provided guidance at the time of the
alleged contravention or failure.
25 (2) The approved code of practice is admissible
in evidence in the proceedings.
(3) If the court is satisfied, in relation to any
matter that it is necessary for the prosecution
to prove in order to establish the alleged
30 contravention or failure, that--
(a) any provision of the approved code of
practice is relevant to that matter; and
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Transport (Miscellaneous Amendments) Act 2003
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Part 2--Amendments to the Transport Act 1983
s. 5
(b) the person failed at any material time to
observe that provision of the approved
code of practice--
that matter is to be taken as proved unless the
5 court is satisfied that in respect of that matter
the person complied with that provision of
this Act or the regulations otherwise than by
way of observance of that provision of the
approved code of practice.".
10 5. Consequential amendments relating to codes of
practice
(1) In the heading to Subdivision 7 of Division 3 of
Part 6 of the Transport Act 1983, before
"Regulations" insert "Codes of Practice and".
15 (2) After section 117(5) of the Transport Act 1983
insert--
"(6) A condition requiring compliance with any
provision of a code of practice (whether
approved under section 129WA or not) is of
20 no effect.".
6. Grounds of refusal of driver's certificate
(1) After section 156(2) of the Transport Act 1983
insert--
"(2A) Without limiting the discretion conferred on
25 the licensing authority by sub-section (2), the
licensing authority may refuse to grant a
person's application for a driver's certificate
if the person has been convicted of a level 1
or 2 offence.
30 (2B) If the licensing authority refuses to grant a
person's application for a driver's certificate
because the person has been convicted of a
level 1 or 2 offence, the licensing authority
may declare that the person is ineligible to be
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 7
granted a driver's certificate for a specified
period.
(2C) If the licensing authority makes a
declaration, it must give the person notice in
5 writing of the declaration.
(2D) The licensing authority must refuse to grant
an application for a driver's certificate made
by a person while that person is ineligible to
be granted a driver's certificate under sub-
10 section (2B) or under section 157(2A)(b).
(2E) Sub-sections (2A) and (2B) apply with
respect to a conviction for an offence
regardless of whether the offence was
committed before or after the
15 commencement of section 6 of the
Transport (Miscellaneous Amendments)
Act 2003.".
(2) In section 156(4) of the Transport Act 1983, for
"Subject to section 33 of the Public Transport
20 Competition Act 1995, a" substitute "A".
7. Grounds of revocation of driver's certificate
(1) After section 157(2) of the Transport Act 1983
insert--
"(2A) If the licensing authority is satisfied that a
25 person holding a driver's certificate has been
convicted of a level 1 or 2 offence, it may,
by notice in writing--
(a) revoke the driver's certificate; and
(b) declare that the person is ineligible to
30 be granted a driver's certificate for a
specified period.
(2B) If the licensing authority makes a
declaration, it must give the person notice in
writing of the declaration.
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 8
(2C) Sub-section (2A)--
(a) does not limit the discretion conferred
on the licensing authority by sub-
section (2)(b); and
5 (b) applies with respect to a conviction for
an offence regardless of whether the
offence was committed before or after
the commencement of section 7 of the
Transport (Miscellaneous
10 Amendments) Act 2003.".
(2) For sections 157(5) and 157(6) of the Transport
Act 1983 substitute--
"(5) If the licensing authority suspends or revokes
a person's certificate under this section, or
15 makes a declaration in relation to a person
under sub-section (2A)(b), the person may
appeal against the licensing authority's
decision to the Magistrates' Court within
28 days after receiving written notice of the
20 decision.
(6) On filing a notice of appeal under sub-
section (5) at the Magistrates' Court, the
person must give a copy of the notice of
appeal to the licensing authority.".
25 8. Insertion of sections 157A and 157B
After section 157 of the Transport Act 1983
insert--
'157A. Extension of meaning of "conviction" as
used in sections 156, 157 and 157B
30 A reference in section 156, 157 or 157B to a
conviction of a person for an offence--
(a) includes a reference to a court finding
the offence proven against the person,
even though the court does not record a
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 8
conviction against the person for the
offence; and
(b) includes a conviction incurred outside
Victoria for an offence that, in the
5 opinion of the licensing authority,
corresponds to a level 1 or 2 offence;
and
(c) includes a conviction for an offence
against a Commonwealth Act that, in
10 the opinion of the licensing authority,
corresponds to a level 1 or 2 offence.
157B. Notification of convictions
(1) This section applies to a person--
(a) who--
15 (i) holds a driver's certificate; or
(ii) has applied for a driver's
certificate but who has not had the
application determined; and
(b) who becomes aware that he or she has
20 been charged with, or been convicted
of--
(i) a level 1 or 2 offence; or
(ii) an offence against section 64 or 65
of the Road Safety Act 1986.
25 (2) The person must immediately after becoming
aware of the charge or conviction give the
licensing authority details of the charge or
conviction.
Penalty: 10 penalty units.
30 (3) Sub-section (2) does not require a person to
give the licensing authority any details that
he or she has already provided to the
licensing authority.
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 9
(4) This section only applies with respect to
charges that are laid, or convictions that
occur, on or after the date of commencement
of section 8 of the Transport
5 (Miscellaneous Amendments) Act 2003.'.
9. Insertion of sections 175A175D
After section 175 of the Transport Act 1983
insert--
"175A. Other conditions of tow truck licence
10 (1) The purpose of this section is to facilitate--
(a) the achievement of the objectives of
this Division (as set out in section 170)
with respect to accident towing and
heavy accident towing; and
15 (b) the maintenance of public confidence in
the accident towing and heavy accident
towing industries.
(2) The licensing authority may, from time to
time, determine that all the holders of
20 accident towing licences or heavy accident
tow truck towing licences--
(a) must be accredited to operate in the
relevant towing industry under a
specified industry accreditation
25 scheme; or
(b) must observe one or more specified
codes of practice that provide guidance
to the operators of tow trucks.
(3) The licensing authority may only make such
30 a determination if--
(a) in respect of an accreditation scheme,
the scheme is confined to the matters
specified in the regulations as matters
that may be dealt with by an
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 9
accreditation scheme for the purposes
of this section; and
(b) in respect of a code of practice, the
code is confined to the matters
5 specified in the regulations as matters
that may be dealt with by a code of
practice for the purposes of this section;
and
(c) the scheme or code of practice
10 otherwise complies with the
regulations.
(4) If the licensing authority makes a
determination under sub-section (2)(a), it is
an implied condition of an accident towing
15 licence or a heavy accident tow truck towing
licence (as the case may be) that the holder
of the licence be accredited to operate in the
towing industry under the accreditation
scheme specified in the determination.
20 (5) If the licensing authority makes a
determination under sub-section (2)(b), it is
an implied condition of an accident towing
licence or a heavy accident tow truck towing
licence (as the case may be) that the holder
25 of the licence must observe the provisions of
the code or codes of practice specified in the
determination.
(6) Sub-sections (4) and (5) do not apply to a
licence until the holder of the licence is
30 given notice of the determination by the
licensing authority by written notice
addressed to the holder of the licence.
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Transport (Miscellaneous Amendments) Act 2003
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Part 2--Amendments to the Transport Act 1983
s. 9
(7) Subject to sub-sections (4) and (5) and
section 181, a person is not liable to any civil
or criminal proceedings by reason only that
he, she or it--
5 (a) is not accredited under an accreditation
scheme that is the subject of a
determination; or
(b) has failed to observe any provision of a
code of practice that is the subject of a
10 determination.
175B. Delayed effect on introduction of new
scheme
(1) This section applies to any person holding an
accident towing or a heavy accident tow
15 truck towing licence immediately before the
date the licensing authority makes a
determination under section 175A(2)(a) that
will apply to that licence.
(2) Section 175A(4) does not apply to the
20 licence with respect to the scheme that is the
subject of the determination until--
(a) the expiry of 2 years after the licensing
authority gives the holder of the licence
the notice described in section 175A(6)
25 in relation to the scheme; or
(b) if any longer period is specified by the
licensing authority under sub-section
(3), the expiry of that longer period.
(3) The licensing authority--
30 (a) may extend the 2 year period referred
to in sub-section (2)(a) at any time
before the expiry of that period; and
(b) may extend an extended period at any
time before the expiry of that extended
35 period; and
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 9
(c) may extend a period under this sub-
section in relation to the holder of a
licence, to a class of licence holders or
to all holders of licences to whom the
5 notice was given.
(4) If the licensing authority extends a period
under sub-section (3) at any time after giving
the holder of a licence the notice described in
section 175A(6), the licensing authority must
10 give the holder of the licence written notice
of the extension.
175C. Delayed effect on introduction of new code
of practice
(1) This section applies to any person holding an
15 accident towing or a heavy accident tow
truck towing licence immediately before the
date the licensing authority makes a
determination under section 175A(2)(b) that
will apply to that licence.
20 (2) In giving the holder of the licence the notice
described in section 175A(6), the licensing
authority must also state in the notice that the
requirements of the code of practice that is
the subject of the determination will not
25 apply until a specified date.
(3) For the purposes of sub-section (2), the
licensing authority must specify a date that
will ensure that licence holders have a
reasonable, having regard to the nature of the
30 new obligations that will be imposed on
them by the code of practice, period of time
within which to prepare to comply with those
new obligations.
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 9
(4) Section 175A(5) does not apply to the
licence with respect to the code of practice
that is the subject of the determination
until--
5 (a) the date required by sub-section (2) that
is specified in the notice; or
(b) if any longer period is specified by the
licensing authority under sub-section
(5), the expiry of that longer period.
10 (5) The licensing authority--
(a) may extend the date required by sub-
section (2) at any time before that date;
and
(b) may extend an extended period at any
15 time before the expiry of that extended
period; and
(c) may extend a period under this sub-
section in relation to the holder of a
licence, to a class of licence holders or
20 to all holders of licences to whom the
notice was given.
(6) If the licensing authority extends a period
under sub-section (5) at any time after giving
the holder of a licence the notice described in
25 section 175A(6), the licensing authority must
give the holder of the licence written notice
of the extension.
175D. Delayed effect if new requirements
introduced
30 (1) This section applies if changes are made to
an accreditation scheme or a code of practice
that is the subject of a determination made
under section 175A.
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 2--Amendments to the Transport Act 1983
s. 10
(2) Sections 175A(4) and 175A(5) do not apply
to a licence with respect to any requirement
of an accreditation scheme or code of
practice that imposes a new obligation on the
5 holder of the licence until--
(a) the holder of the licence is given notice
by the licensing authority of the
requirement by written notice addressed
to him, her or it; and
10 (b) the period specified in the notice as the
period of grace that applies in relation
to compliance with the requirement
expires.
(3) For the purposes of sub-section (2)(b), the
15 licensing authority must specify a reasonable
period of grace.".
10. Additional regulation-making power
After section 185(1)(g) of the Transport Act
1983 insert--
20 "(ga) with respect to matters specified for the
purposes of section 175A(3)--
(i) what requirements may, or may not, be
imposed by an accreditation scheme or
code of practice;
25 (ii) what things must, or must not, be
included in an accreditation scheme or
code of practice;".
11. Divulging of restricted information
(1) In section 221(7) of the Transport Act 1983, for
30 "sub-section (8)" substitute "sub-sections (8)
and (9)".
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Part 2--Amendments to the Transport Act 1983
s. 12
(2) After section 221(8) of the Transport Act 1983
insert--
"(9) Sub-section (7) also does not prevent the
divulging, use or revealing of information to
5 a person--
(a) who the Secretary certifies in writing--
(i) is a public transport industry
ombudsman; and
(ii) has an appropriate privacy
10 protection policy in operation in
relation to any information of the
nature of the information that is to
be divulged to, used by, or
revealed to, the person; and
15 (b) who states in writing that the
information is needed to investigate or
otherwise deal with a complaint
concerning public transport made to the
person.".
20 12. Insertion of section 221T
After section 221S of the Transport Act 1983
insert--
"221T. Investigation by Ombudsman
(1) The Ombudsman may enquire into or
25 investigate--
(a) any action taken, or not taken, by a
person--
(i) who is authorised under a relevant
provision; or
30 (ii) who is an authorised officer in
relation to a transport or ticket
infringement under Division 2 of
Part VII; or
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Transport (Miscellaneous Amendments) Act 2003
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Part 2--Amendments to the Transport Act 1983
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(iii) who is an authorised officer
within the meaning of
section 218B--
in the person's capacity as an authorised
5 person under the relevant authorising
provision; and
(b) any matter relating to such an action or
inaction.
(2) For the purposes of sub-section (1), the
10 Ombudsman Act 1973 applies as if--
(a) the employer of the person was a public
statutory body within the meaning of
that Act; and
(b) the senior executive officer of the
15 employer (by whatever title he or she is
known) was the principal officer of that
public statutory body.".
13. Minor amendments
In the Transport Act 1983--
20 (a) in section 7, for "of Transport" substitute
"for Transport";
(b) in section 100A(1)(b), for "by the
Department" substitute "by the Secretary";
(c) in section 100A(4)(b), for "the restrictions"
25 substitute "any restrictions";
(d) in section 174AB(1)(a), omit "174(4),".
__________________
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 3--Amendments to the Rail Corporations Act 1996
s. 14
PART 3--AMENDMENTS TO THE RAIL CORPORATIONS
ACT 1996
Division 1--V/Line Passenger Corporation
14. New Division 2A inserted
5 See:
After Division 2 of Part 2 of the Rail Act No.
Corporations Act 1996 insert-- 79/1996.
Reprint No. 2
as at
'Division 2A--V/Line Passenger Corporation 1 January
2001 and
amending
14. Establishment Act Nos
44/2001,
(1) V/Line Passenger Corporation is established. 54/2001,
62/2001
10 (2) V/Line Passenger Corporation-- and 20/2002.
LawToday:
(a) is a body corporate with perpetual www.dms.
dpc.vic.
succession; and gov.au
(b) is to have an official seal; and
(c) may sue and be sued; and
15 (d) may acquire, hold and dispose of real
and personal property; and
(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
20 (3) All courts must take judicial notice of the
seal of V/Line Passenger Corporation affixed
to a document and, until the contrary is
proved, must presume that it was duly
affixed.
25 (4) The official seal of V/Line Passenger
Corporation must be kept in such custody as
V/Line Passenger Corporation directs and
must not be used except as authorised by
V/Line Passenger Corporation.
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s. 14
15. Trading name
Despite anything to the contrary in the
Business Names Act 1962 or any other act
or law, V/Line Passenger Corporation may
5 carry on business under the name "V/Line
Passenger".
16. V/Line Passenger Corporation not to
represent the Crown
V/Line Passenger Corporation is a public
10 authority, but does not represent the Crown.
17. Objective
The principal objective of V/Line Passenger
Corporation is to perform its functions in an
efficient and commercial manner.
15 18. Functions and powers
(1) The functions of V/Line Passenger
Corporation are--
(a) to operate rural rail passenger services;
(b) to operate services ancillary or
20 incidental to its rail passenger services,
including road transport passenger
services;
(c) to efficiently deal with any complaints
concerning the way it carries out its
25 functions;
(d) to do anything else it is required to do
by this or any other Act.
(2) For the purpose of carrying out its functions
and achieving its objectives, V/Line
30 Passenger Corporation may--
(a) enter into contracts, agreements, leases
and licences;
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 3--Amendments to the Rail Corporations Act 1996
s. 14
(b) acquire and operate rail infrastructure,
rolling stock and other vehicles;
(c) engage agents or consultants;
(d) act as agent of another person;
5 (e) do any thing else that is necessary or
convenient to be done for, or in
connection with, achieving that
purpose.
(3) Without limiting the generality of the
10 functions and powers conferred on it, V/Line
Passenger Corporation may--
(a) form, or participate in the formation of,
or be a member of companies;
(b) form, or participate in the formation of,
15 and may participate in, partnerships,
trusts, unincorporated joint ventures
and other arrangements for the sharing
of profits;
(c) act as trustee;
20 (d) engage in any business, undertaking or
activity incidental to the performance
of its functions;
(e) make its staff and land and other
property vested in or managed by it
25 available for engagement or use by
other persons.
(4) Despite sub-sections (2) and (3), V/Line
Passenger Corporation must not, without the
written approval of the Minister--
30 (a) form, or participate in the formation of,
or be a member of, or hold shares in, a
company that carries out the functions
of a public transport industry
ombudsman; or
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 3--Amendments to the Rail Corporations Act 1996
s. 15
(b) enter into an agreement with respect to
participating in a public transport
industry ombudsman scheme.
(5) V/Line Passenger Corporation may, with the
5 approval or at the direction of the Minister,
cease to perform all or any of its functions.
(6) Without limiting, or taking away, any of his
or her other powers, the Minister, for and on
behalf of the Crown, may be a party to any
10 agreement providing for the sale,
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
undertaking or business of V/Line Passenger
Corporation or to any related franchise or
15 other agreement of any kind.'.
15. Consequential amendments
In the Rail Corporations Act 1996--
(a) in section 3(1), in the definition of "rail
corporation", after "Rail Track" insert
20 ",V/Line Passenger Corporation";
(b) after sections 61(3)(c), 62(4)(c), 64(2)(c) and
67(3)(c) insert--
"(d) V/Line Passenger Corporation;";
(c) in sections 64(2)(i) and 67(3)(i), after
25 "paragraph (c)," insert "(d),";
(d) in section 104(2), insert the following
definition--
' "V/Line Passenger Corporation" means
both--
30 (a) V/Line Passenger Corporation as
established under Division 2E of
Part 2 before that Division was
repealed; and
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 3--Amendments to the Rail Corporations Act 1996
s. 16
(b) V/Line Passenger Corporation as
established under Division 2A of
Part 2.'.
16. Consequential amendments to other Acts
5 (1) In section 2(1) of the Transport Act 1983, in the
definition of "passenger transport company",
before paragraph (e) insert--
"(d) V/Line Passenger Corporation; or".
(2) In Schedule 1 to the Borrowing and Investment
10 Powers Act 1987, after item 23A insert--
"23B. V/Line Passenger 5, 8, 10, 11,
Corporation 11AA, 11AB, 13,
14, 14A, 15, 20,
20A and 21".
(3) In the Treasury Corporation of Victoria Act
1992--
(a) in section 36A, in the definition of "public
authority", after "Victorian Rail Track,"
15 insert "V/Line Passenger Corporation,";
(b) in Schedule 1, after the entry relating to
Victorian Rail Track insert--
"V/Line Passenger Rail Corporations Act
1996".
Corporation
Division 2--Other Amendments
17. Additional functions
20 (1) After section 11(1)(bb) of the Rail Corporations
Act 1996 insert--
"(bc) to efficiently deal with any complaints
concerning the way it carries out its
functions;".
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Act No.
Part 3--Amendments to the Rail Corporations Act 1996
s. 18
(2) After section 18ZJ(1)(b) of the Rail
Corporations Act 1996 insert--
"(ba) to efficiently deal with any complaints
concerning the way it carries out its
5 functions; and".
18. Restrictions concerning participation in certain
schemes
(1) After section 11(4) of the Rail Corporations Act
1996 insert--
10 "(5) Despite sub-sections (2) and (3), Rail Track
must not, without the written approval of the
Minister--
(a) form, or participate in the formation of,
or be a member of, or hold shares in, a
15 company that carries out the functions
of a public transport industry
ombudsman; or
(b) enter into an agreement with respect to
participating in a public transport
20 industry ombudsman scheme.".
(2) After section 18ZJ(5) of the Rail Corporations
Act 1996 insert--
"(6) Despite sub-sections (3) and (4), the
Authority must not, without the written
25 approval of the Minister--
(a) form, or participate in the formation of,
or be a member of, or hold shares in, a
company that carries out the functions
of a public transport industry
30 ombudsman; or
(b) enter into an agreement with respect to
participating in a public transport
industry ombudsman scheme.".
__________________
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 4--Amendments to the Public Transport Competition Act 1995
s. 19
PART 4--AMENDMENTS TO THE PUBLIC TRANSPORT
COMPETITION ACT 1995
19. Insertion of sections 24A and 24B
See:
After section 24 of the Public Transport Act No.
5 Competition Act 1995 insert-- 68/1995.
Reprint No. 1
"24A. Codes of practice as at
22 October
(1) For the purpose of providing practical 1998
and
guidance to accredited operators of road amending
transport passenger services and any other Act Nos
6/1999,
10 person who may be placed under an 45/1999 and
obligation by or under this Part, the Minister 62/2001.
LawToday:
may approve one or more codes of practice. www.dms.
dpc.vic.
(2) A code of practice-- gov.au
(a) may consist of any code, standard, rule,
15 specification or provision relating to
any aspect of the provision or operation
of road transport passenger services;
and
(b) may apply, incorporate or refer to any
20 document formulated or published by
any body or authority as in force at the
time the code of practice is approved,
or as amended, formulated or published
from time to time.
25 (3) The approval of a code of practice takes
effect on the day on which notice of the
approval is published in the Government
Gazette, or on any later day specified in the
notice.
30 (4) The Minister may--
(a) approve any revision of the whole, or
any part, of an approved code of
practice;
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Act No.
Part 4--Amendments to the Public Transport Competition Act 1995
s. 19
(b) revoke the approval of a code of
practice.
(5) The approval of a revision to an approved
code of practice takes effect on the day on
5 which notice of the approval of the revision
is published in the Government Gazette, or
on any later day specified in the notice.
(6) The approval of an approved code of practice
ceases to be of effect at the end of the day on
10 which notice of the revocation of the
approval is published in the Government
Gazette, or on any later day specified in the
notice.
(7) The Minister must cause--
15 (a) a current copy of every approved code
of practice; and
(b) a copy of every document applied,
incorporated or referred to in an
approved code of practice (in the form
20 in which that document has effect in the
code of practice)--
to be made available for inspection by
members of the public without charge at the
office of the Secretary during normal office
25 hours.
(8) A person is not liable to any civil or criminal
proceedings by reason only that he, she or it
has failed to observe any provision of an
approved code of practice.
30 24B. Use of codes of practice in proceedings
(1) This section applies if it is alleged in any
proceedings under this Act that a person
contravened or failed to comply with a
provision of this Act or the regulations in
35 relation to which an approved code of
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Part 4--Amendments to the Public Transport Competition Act 1995
s. 20
practice provided guidance at the time of the
alleged contravention or failure.
(2) The approved code of practice is admissible
in evidence in the proceedings.
5 (3) If the court is satisfied, in relation to any
matter that it is necessary for the prosecution
to prove in order to establish the alleged
contravention or failure, that--
(a) any provision of the approved code of
10 practice is relevant to that matter; and
(b) the person failed at any material time to
observe that provision of the approved
code of practice--
that matter is to be taken as proved unless the
15 court is satisfied that in respect of that matter
the person complied with that provision of
this Act or the regulations otherwise than by
way of observance of that provision of the
approved code of practice.".
20 20. Other amendments
In the Public Transport Competition Act
1995--
(a) in section 3(1), the definition of
"disqualifying offence" is repealed;
25 (b) sections 9(2), 9(3), 31, 32 and 33 are
repealed.
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Transport (Miscellaneous Amendments) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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