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PARLIAMENT OF VICTORIA
Transport (Rights and Responsibilities) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS CONCERNING RAIL INCIDENT
INQUIRIES AND TAXI-CABS 3
3. Insertion of section 129UA 3
129UA. Secretary may conduct inquiry 3
129UB. Public release of report 4
4. Insertion of section 143D 5
143D. Condition forbidding transfer of taxi-cab licence 5
5. Consequential amendments in relation to section 4 5
6. Insertion of section 150A 6
150A. Unauthorised person must not trade in taxi-cab licences 6
7. Additional regulation-making powers 7
PART 3--AMENDMENTS TO PART VII OF THE TRANSPORT
ACT 1983 9
Division 1--Preliminary Matter 9
8. Provisions amended by this Part 9
Division 2--Enforcement 9
9. Transfer of definitions 9
10. Insertion of section 213A 9
213A. Administrative costs in respect of ticket infringements 9
11. Regulation-making power in relation to administrative costs 10
12. Graduated penalties for transport and ticket infringements 11
13. Insertion of section 221AA 11
221AA. Power to inspect ticket after completion of journey 11
14. Consequential amendments 12
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Clause Page
Division 3--Authorised Officers 13
15. Amendments concerning authorised officers 13
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16. Insertion of section 212A 14
212A. Offence to falsely represent oneself as an officer of the
Roads Corporation 14
17. Further amendments concerning authorised officers 14
18. Substitution of section 221A 16
221A. Authorisation of Departmental authorised officers 16
221AB. Authorisation of other authorised officers 16
19. Amendments concerning the authorisation of authorised officers 16
20. Insertion of section 221CA 17
221CA. Time limits on section 221AB authorisations 17
21. Further amendments concerning the authorisation of authorised
officers 17
22. Amendments concerning accreditation in relation to authorised
officers 21
PART 4--AMENDMENT TO PART VIII OF THE TRANSPORT
ACT 1983 22
23. Insertion of Division 4 into Part VIII 22
Division 4--Savings and Transitional Provisions--
Transport (Amendment) Act 2003 22
264. Commencement date 22
265. Continuation of Departmental authorisations 22
266. Continuation of Roads Corporation authorisations 22
267. Continuation of passenger transport and bus company
employee authorisations 23
PART 5--AMENDMENTS TO THE ROAD SAFETY ACT 1986 24
24. Power to prosecute 24
25. Service of parking infringement notices 25
ENDNOTES 26
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PARLIAMENT OF VICTORIA
Initiated in Assembly 7 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Transport Act 1983 and the Road Safety Act 1986 and
for other purposes.
Transport (Rights and Responsibilities)
Act 2003
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--
(i) to enable the Secretary to the
Department of Infrastructure to conduct
inquiries in relation to rail
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Transport (Rights and Responsibilities) Act 2003
Act No.
Part 1--Preliminary Matters
s. 2
infrastructure and rolling stock for
purposes relating to public safety; and
Victorian Legislation and Parliamentary Documents
(ii) to further regulate the transfer and
assignment of taxi-cab licences; and
(iii) to enable the payment of administrative
costs to passenger transport and bus
companies in relation to certain ticket
infringements; and
(iv) to enable the imposition of graduated
penalties for transport and ticket
infringements; and
(v) to enable authorised officers to inspect
tickets and evidence of ticket
concession entitlements after a public
transport journey has been completed;
and
(vi) to streamline provisions dealing with
authorised officers; and
(b) to amend the Road Safety Act 1986 to
enable authorised officers under the
Transport Act 1983 to take action in
relation to certain parking offences.
2. Commencement
(1) This Act (other than section 6) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to sub-section (3), section 6 comes into
operation on a day to be proclaimed.
(3) If section 6 does not come into operation before
30 December 2004, it comes into operation on that
day.
__________________
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PART 2--AMENDMENTS CONCERNING RAIL INCIDENT
INQUIRIES AND TAXI-CABS
Victorian Legislation and Parliamentary Documents
3. Insertion of section 129UA
See:
After section 129U of the Transport Act 1983 Act No.
insert-- 9921/1983.
Reprint No. 9
"129UA. Secretary may conduct inquiry as at
15 July 2003.
(1) The Secretary may inquire into any accident LawToday:
www.dms.
or incident involving, or any method or dpc. vic.
proposed method of doing anything in gov.au
relation to, any rail infrastructure or rolling
stock for the purpose of determining--
(a) whether a risk to public safety exists;
and
(b) if a risk exists, the nature and extent of
the risk and how the risk should be
eliminated, minimised or managed; and
(c) in the case of an accident or incident,
what factors caused, contributed to or
were involved in, the accident or
incident.
(2) In conducting an inquiry, the Secretary has
the 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 and those sections apply as if the
Secretary was the sole member of the board.
(3) In conducting an inquiry, the Secretary--
(a) must act fairly and according to equity
and good conscience without regard to
technicalities or legal forms; and
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(b) is not required to conduct the inquiry in
a formal manner; and
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(c) is not bound by rules or practice as to
evidence but may inform himself or
herself in relation to any matter in any
manner that he or she thinks fit.
(4) Subject to this Act and the regulations, the
procedure of the Secretary on, or in
connection with, an inquiry under this
section is in his or her discretion.
129UB. Public release of report
(1) At the completion of an inquiry under
section 129UA, the Secretary may make
public the report of the inquiry, or any part
of the report.
(2) During the course of an inquiry under
section 129UA, the Secretary may make
public any findings, interim findings or
recommendations arising out of the inquiry.
(3) However, the Secretary may only make a
report, part of a report, finding or
recommendation public if--
(a) in the opinion of the Secretary, it is in
the public interest to do so; and
(b) the making public of the report, part,
finding or recommendation will not be
likely to prejudice the rights of any
person in any criminal proceedings that
may be instituted in connection with the
matter that was investigated.".
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4. Insertion of section 143D
After section 143C of the Transport Act 1983
Victorian Legislation and Parliamentary Documents
insert--
"143D. Condition forbidding transfer of taxi-cab
licence
(1) In issuing a taxi-cab licence, the licensing
authority may attach one or more of the
following conditions to the licence--
(a) that the licence cannot be transferred,
or cannot be transferred for a specified
period;
(b) that the licence cannot be assigned, or
cannot be assigned for a specified
period.
(2) The licensing authority may not attach such a
condition in respect of a taxi-cab licence
granted under section 143A unless the
relevant Order under that section stated that
the licence would be subject to that
condition.
(3) Despite section 146, the licensing authority
cannot remove or alter a condition attached
to a licence under sub-section (1).".
5. Consequential amendments in relation to section 4
(1) For section 149(1) of the Transport Act 1983
substitute--
"(1) Subject to this section, the holder of a
commercial passenger vehicle licence may
apply to the licensing authority for authority
to transfer the licence to a specified person.
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(1AA) Sub-section (1) does not apply to the holder
of--
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(a) a restricted hire vehicle licence; or
(b) a licence granted temporarily for a
particular purpose of limited duration;
or
(c) a taxi-cab licence that has attached to it
a current condition imposed under
section 143D that states that the licence
cannot be transferred.".
(2) After section 150(1) of the Transport Act 1983
insert--
"(1A) Sub-section (1) does not apply to the holder
of a taxi-cab licence that has attached to it a
current condition imposed under
section 143D that states that the licence
cannot be assigned.".
6. Insertion of section 150A
After section 150 of the Transport Act 1983
insert--
"150A. Unauthorised person must not trade in
taxi-cab licences
(1) A person must not trade in taxi-cab licences
unless he, she or it is authorised to do so
under regulations made under section
162(1)(ma).
Penalty: 500 penalty units.
(2) For the purposes of this section, a person
trades in taxi-cab licences if he, she or it--
(a) negotiates on behalf of another person
for the transfer of a taxi-cab licence to
that other person or for the assignment
of the right to operate a vehicle under a
taxi-cab licence to that other person;
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(b) negotiates on behalf of another person
for the transfer of a taxi-cab licence
held by that other person or for the
Victorian Legislation and Parliamentary Documents
transfer of an assignment of a right to
operate a vehicle under a taxi-cab
licence held by that other person;
(c) advertises that he, she or it is able or
willing to do anything set out in
paragraph (a) or (b);
(d) in any way holds himself, herself or
itself out to another person as being
able or willing to do anything set out in
paragraph (a) or (b).".
7. Additional regulation-making powers
After section 162(1)(m) of the Transport Act
1983 insert--
"(ma) regulating trading in taxi-cab licences
(within the meaning of section 150A),
including--
(i) requiring that a person trading in taxi-
cab licences be accredited to do so;
(ii) providing for a system of accreditation
to support such a requirement,
including--
(A) imposing minimum requirements
concerning integrity, competence
and financial capacity;
(B) the conditions to be observed by
an accredited person in trading in
taxi-cab licences (including
conditions concerning the
amounts that may be charged for
carrying out that trading);
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(iii) exempting a person, or a class of
person, from compliance with section
150A in specified circumstances;
Victorian Legislation and Parliamentary Documents
(iv) requiring that specified information, or
information of a specified type, be
provided to a person to whom a taxi-
cab licence is to be transferred or to
whom a right to operate a vehicle under
a taxi-cab licence is to be assigned;
(v) requiring the transfer of taxi-cab
licences and the assignment of rights to
operate vehicles under taxi-cab licences
to be transacted through a securities
exchange or through any other system
specified by the Secretary;".
__________________
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PART 3--AMENDMENTS TO PART VII OF THE
TRANSPORT ACT 1983
Victorian Legislation and Parliamentary Documents
Division 1--Preliminary Matter
8. Provisions amended by this Part
This Part amends Part VII (Prosecutions,
Enforcement and Penalties) of the Transport Act
1983.
Division 2--Enforcement
9. Transfer of definitions
(1) In section 208 insert the following definitions--
' "carriage" means any passenger vehicle
operated by or on behalf of a passenger
transport or bus company;
"ticket", in relation to a journey or to land or a
premises that is owned, occupied or
controlled by a passenger transport or bus
company, means a ticket, pass, symbol or
other thing issued to a person entitling the
person to make that journey or to be on that
land or those premises;'.
10. Insertion of section 213A
After section 213 insert--
'213A. Administrative costs in respect of ticket
infringements
(1) In this section, "relevant ticket
infringement" means a ticket infringement
committed--
(a) on, or in relation to, a carriage; or
(b) in relation to a journey on, or in, a
carriage; or
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(c) on, or in relation to, land or a premises
owned, occupied or controlled by a
passenger transport or bus company.
Victorian Legislation and Parliamentary Documents
(2) This section applies if the regulations state
that administrative costs may be paid to
passenger transport and bus companies in
respect of relevant ticket infringements.
(3) The Director, on behalf of the Crown, may
agree with a passenger transport or bus
company to pay the company, and may pay
the company in accordance with the
agreement, the administrative costs permitted
to be paid to the company by the regulations.
(4) The Consolidated Fund is appropriated to the
extent necessary to allow payments to be
made under sub-section (3).
(5) If an infringement notice is withdrawn after
the penalty has been paid, the company must,
within 5 business days after being asked to
do so by the Director, refund to the Director
any administrative costs paid to it under sub-
section (3) in respect of the infringement
notice.
(6) The Director may only pay administrative
costs to a company under this section in
respect of ticket infringements committed on
or after the day the agreement with the
company under this section is made.'.
11. Regulation-making power in relation to
administrative costs
After section 215(1)(g) insert--
"(ga) permitting the Director, on behalf of the
Crown, to pay administrative costs to
passenger transport and bus companies in
respect of relevant ticket infringements (as
defined in section 213A(1)); and
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(gb) specifying the amount of those costs, or how
those costs are to be calculated; and".
Victorian Legislation and Parliamentary Documents
12. Graduated penalties for transport and ticket
infringements
After section 215(1) insert--
"(2) Despite anything to the contrary in section
213(1), regulations prescribing an amount as
the penalty for a transport or ticket
infringement may--
(a) prescribe a different amount of penalty
according to the number of transport or
ticket infringements (or both)
committed by the same offender within
a specified period; and
(b) specify the circumstances in which the
different amounts of penalty apply.".
13. Insertion of section 221AA
After section 221 insert--
"221AA. Power to inspect ticket after completion of
journey
(1) A member of the police force or an
authorised officer may ask a person who has
just left a carriage, or land or a premises for
entry to which a ticket is required--
(a) to produce for inspection the ticket that
the person used for the journey, or to be
on the land or premises; and
(b) if the person claims, or appears to have
taken, the benefit of an exemption or
concessional deduction from the
payment of a toll, fare or charge in
respect of the journey or presence on
the land or premises, to produce for
inspection evidence of the person's
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entitlement to the exemption or
concession.
Victorian Legislation and Parliamentary Documents
(2) A person must comply with a request made
under sub-section (1).
Penalty: 5 penalty units.
(3) If a person makes a journey in a carriage, or
is on land or a premises for entry to which a
ticket is required, without having in his or
her possession a ticket that is valid for that
entry or journey, a failure by the person to
comply with sub-section (2) is deemed to be
the same act or omission as the making of
the journey, or the entering of the land or
premises, without having the required ticket.
(4) If a person makes a journey in a carriage, or
is on land or a premises for entry to which a
ticket is required, and claims or takes the
benefit of an exemption or concessional
deduction from the payment of a toll, fare or
charge in respect of the journey or entry, a
failure by the person to produce for
inspection in accordance with sub-section (2)
evidence of his or her entitlement to the
exemption or concession is deemed to be the
same act or omission as any act or omission
of the person that constitutes an offence
under section 221(5) in relation to the
journey or entry.".
14. Consequential amendments
In section 208, in the definition of "ticket
offence", after paragraph (b) insert--
"or
(c) an offence against section 221AA;".
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Division 3--Authorised Officers
15. Amendments concerning authorised officers
Victorian Legislation and Parliamentary Documents
(1) In section 208 insert the following definition--
' "authorised officer" means a person authorised
by the Secretary under section 221A or
221AB;'.
(2) Section 211 is repealed.
(3) Insert the following heading to section 212--
"Transport and ticket infringements".
(4) In section 212(1), for "authorised officer in
relation to a transport infringement" substitute
"officer who is authorised to issue transport
infringement notices".
(5) For section 212(1A) substitute--
"(1A) A person is an officer who is authorised to
issue transport infringement notices if he or
she is either--
(a) an officer of the Roads Corporation
appointed in writing by that
Corporation to issue transport
infringement notices; or
(b) an authorised officer authorised by the
Secretary under section 221A.
(1B) A member of the police force or an
authorised officer who has reason to believe
that a person has committed a ticket
infringement may, in accordance with the
regulations, serve on that person a ticket
infringement notice.".
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16. Insertion of section 212A
After section 212 insert--
Victorian Legislation and Parliamentary Documents
"212A. Offence to falsely represent oneself as an
officer of the Roads Corporation
A person must not falsely represent himself
or herself to be an officer of the Roads
Corporation appointed by that Corporation to
issue transport infringement notices.
Penalty: 10 penalty units.".
17. Further amendments concerning authorised officers
(1) In sections 213(1) and 213(2), for "authorised"
substitute "the".
(2) In the heading to Division 3 of Part VII, after
"Provisions" insert "--Vehicle Inspections".
(3) In section 216(6), for "an authorised officer or
member of the police force" substitute "the
person carrying out the inspection".
(4) Before section 218B insert--
"Division 3A--Other Enforcement
Provisions".
(5) Sections 218B(1) to 218B(1G) and 219(1A) are
repealed.
(6) In section 218B(2A), for "employed or engaged
by a passenger transport company or bus
company" substitute "authorised under section
221AB".
(7) In section 219--
(a) in sub-section (1), for "a relevant employee
of the Department" substitute "an authorised
officer";
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(b) in sub-sections (2) and (3), for ", officer,
agent or relevant employee" (wherever
occurring) substitute "or officer";
Victorian Legislation and Parliamentary Documents
(c) in sub-sections (5) and (6), for "officer
authorised under sub-section (7)" (wherever
occurring) substitute "authorised officer".
(8) Section 219AA is repealed.
(9) In section 220--
(a) sub-sections (1) and (6) are repealed;
(b) in sub-sections (1A) and (1C), for ", a
relevant employee of the Department or an
authorised person" substitute "or an
authorised officer";
(c) for sub-sections (1B)(a) and (1B)(b)
substitute--
"(a) that the member of the police force or
authorised officer believes on
reasonable grounds that the person is
committing an offence against this Act
or the regulations; and";
(d) in sub-section (1B)(c)(ii), for "relevant
employee of the Department" substitute
"authorised officer";
(e) in sub-section (2), for "a relevant employee
of the Department or an authorised person"
substitute "an authorised officer".
(10) In section 221--
(a) sub-section (1) is repealed;
(b) in sub-sections (2) and (5), after "he"
(wherever occurring) insert "or she";
(c) in sub-section (3), after "his" insert "or her";
(d) in sub-sections (4) and (4A), for "authorized
person" substitute "authorised officer";
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(e) in sub-section (6)--
(i) after "his" insert "or "her";
Victorian Legislation and Parliamentary Documents
(ii) after "police force" insert ", an
authorised officer";
(iii) omit "or authorised in writing by the
Secretary for the purposes of this
section";
(f) in sub-section (7), for "a person authorised in
writing by the Secretary for the purposes of
this section" (wherever occurring) substitute
"an authorised officer".
18. Substitution of section 221A
For section 221A substitute--
"221A. Authorisation of Departmental authorised
officers
The Secretary may authorise a person who is
employed or engaged by the Department to
act as an authorised officer for the purposes
of this Part.
221AB. Authorisation of other authorised officers
The Secretary may authorise a person who is
employed or engaged by a passenger
transport or bus company to act as an
authorised officer for the purposes of this
Part.".
19. Amendments concerning the authorisation of
authorised officers
(1) For section 221B(1) substitute--
"(1) A person may apply to the Secretary for
authorisation under section 221AB to act as
an authorised officer.".
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(2) Insert the following heading to section 221C--
"Qualification requirements".
Victorian Legislation and Parliamentary Documents
(3) Section 221C(1) is repealed.
(4) In section 221C--
(a) in sub-section (2), for the phrase starting "(2)
The Secretary" and ending "the person--"
substitute--
"The Secretary may only give a person
an authorisation to act as an authorised
officer if the Secretary is satisfied that
the person--".
(b) in sub-sections (2)(a) and (2)(c), for "the
relevant provision" substitute "this Part";
(c) in sub-section (2)(d), omit "for the purposes
of the relevant provision".
20. Insertion of section 221CA
After section 221C insert--
"221CA. Time limits on section 221AB
authorisations
(1) In giving a person an authorisation under
section 221AB, the Secretary must specify
the period for which the authorisation
remains valid.
(2) The Secretary must not specify a period that
is greater than the maximum (if any)
specified by the regulations for the purposes
of this section.".
21. Further amendments concerning the authorisation
of authorised officers
(1) In section 221D--
(a) in sub-section (1) omit "under a relevant
provision";
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(b) in sub-section (2) omit "under the relevant
provision".
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(2) In section 221E(2) omit "under the relevant
provision".
(3) In section 221F, for "a relevant provision"
substitute "this Part".
(4) For section 221G(1) substitute--
"(1) A person authorised under section 221AB
may apply to the Secretary for the renewal of
his or her authorisation.".
(5) In section 221H--
(a) in sub-section (1) omit "under a relevant
provision";
(b) in sub-section (3), for "person" substitute
"officer";
(c) in sub-section (5), for "authorised person"
substitute "person who applied for the
renewal".
(6) For section 221I(1) substitute--
"(1) The Secretary must issue an identity card to
any person authorised to act as an authorised
officer.
(1A) Despite sub-section (1), the Secretary must
not issue an identity card to a person
authorised under section 221AB unless the
person has paid the fee (if any) specified by
the regulations for the purposes of this
section.
(1B) A person must not act or purport to act as an
authorised officer unless he or she has been
issued with an identity card under this
section.
Penalty: 10 penalty units.".
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(7) In section 221I--
(a) in sub-sections (2)(a) and (2)(b), for "person"
Victorian Legislation and Parliamentary Documents
substitute "officer";
(b) in sub-section (3), for "sub-section (1)"
substitute "this section";
(c) in sub-section (4)--
(i) for "Any" substitute "Subject to sub-
section (1B), any";
(ii) for "person" substitute "officer".
(8) After section 221I(4) insert--
"(5) Sub-sections (3) and (4) apply regardless of
whether or not the person is exercising a
power under this Act or under any other
Act.".
(9) Insert the following heading to section 221J--
"Inquiry into conduct of authorised officer".
(10) In section 221J--
(a) in sub-section (1), for "a relevant provision"
substitute "section 221AB";
(b) in sub-section (2), for "under the relevant
provision during" substitute "during";
(c) in sub-section (2)(b), for "under the relevant
provision" substitute "as an authorised
officer";
(d) in sub-section (3) omit "authorised under the
relevant provision".
(11) In section 221K omit "under a relevant
provision".
(12) In section 221L--
(a) for "on the authorised person" substitute "on
a person authorised under section 221AB";
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(b) omit "under a relevant provision";
(c) in paragraphs (a), (c) and (d) omit
Victorian Legislation and Parliamentary Documents
"authorised";
(d) in paragraph (b)--
(i) for "the authorised" substitute "the";
(ii) for "person;" substitute "officer;".
(13) In section 221M--
(a) in sub-section (1) omit "under a relevant
provision" (wherever occurring);
(b) in sub-section (2) omit "authorised"
(wherever occurring).
(14) In section 221N--
(a) for " a relevant provision" substitute
"section 221AB";
(b) in paragraphs (a) and (b)--
(i) for "person" substitute "officer";
(ii) omit "for the purposes of the relevant
provision".
(15) In section 221O(1), for "a relevant provision"
substitute "section 221AB".
(16) In section 221P, for "to a person under section
221I(1)" substitute "under section 221I to a
person authorised under section 221AB".
(17) In section 221Q, for "an authorised person"
substitute "a person authorised under section
221AB".
(18) Insert the following heading to section 221R--
"Offence to falsely represent oneself as an
authorised officer".
(19) In section 221R, for "person under a relevant
provision" substitute "officer".
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Part 3--Amendments to Part VII of the Transport Act 1983
s. 22
(20) For section 221T(1)(a) substitute--
"(a) any action taken, or not taken, by a person
Victorian Legislation and Parliamentary Documents
who is an authorised officer in the person's
capacity as an authorised officer; and".
(21) In sections 225(a) and 225A omit "(within the
meaning of section 211 or 218B)".
(22) In section 225, after "his" (wherever occurring)
insert "or her".
22. Amendments concerning accreditation in relation to
authorised officers
(1) For section 228A(1) substitute--
"(1) A passenger transport company or bus
company may apply to the Secretary for
accreditation to employ or engage people
authorised under section 221AB to act as
authorised officers.".
(2) In sections 228B(a) and 228N(2)(a), for "persons"
substitute "officers".
(3) In section 228G(a), for "person" substitute
"officer".
__________________
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Part 4--Amendment to Part VIII of the Transport Act 1983
s. 23
PART 4--AMENDMENT TO PART VIII OF THE
TRANSPORT ACT 1983
Victorian Legislation and Parliamentary Documents
23. Insertion of Division 4 into Part VIII
After Division 3 of Part VIII of the Transport
Act 1983 insert--
'Division 4--Savings and Transitional
Provisions--Transport (Rights and
Responsibilities) Act 2003
264. Commencement date
In this Division, "commencement date"
means the date of commencement of
Division 3 of Part 3 of the Transport
(Rights and Responsibilities) Act 2003.
265. Continuation of Departmental
authorisations
A person who, immediately before the
commencement date, held an appointment by
the Secretary as an authorised officer
under--
(a) paragraph (a) of the definition of
"authorised officer" in section 211; or
(b) paragraph (b) of that definition by
virtue of being a person described in
paragraph (b)(ii) of that definition--
is deemed to have been appointed as an
authorised officer by the Secretary under
section 221A.
266. Continuation of Roads Corporation
authorisations
A person who, immediately before the
commencement date, held an appointment by
the Roads Corporation under section 211 as
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s. 23
an authorised officer is deemed to be an
officer of the Roads Corporation appointed
in writing by that Corporation under
Victorian Legislation and Parliamentary Documents
section 212(1A) to issue transport
infringement notices.
267. Continuation of passenger transport and
bus company employee authorisations
(1) This section applies to a person who,
immediately before the commencement
date--
(a) was employed or engaged by a
passenger transport or bus company;
and
(b) was--
(i) an authorised officer under
section 211 or 218B appointed by
the Secretary; or
(ii) an authorised person under
section 219AA or 220; or
(iii) an authorized person under
section 221.
(2) The person is deemed to have been
authorised by the Secretary under
section 221AB to act as an authorised
officer.
(3) The expiry date and any conditions applying
to the person's authorisation immediately
before the commencement date continue to
apply to the authorisation.'.
__________________
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Part 5--Amendments to the Road Safety Act 1986
s. 24
PART 5--AMENDMENTS TO THE ROAD SAFETY ACT 1986
Victorian Legislation and Parliamentary Documents
24. Power to prosecute
(1) After section 77(2) of the Road Safety Act 1986
insert--
'(2A) A person who--
(a) is employed or engaged by a passenger
transport company (within the meaning
of the Transport Act 1983); and
(b) is authorised in writing to do so either
generally or in any particular case by
the Secretary to the Department of
Infrastructure--
may prosecute any parking infringement in
respect of any vehicle that is on or in any rail
car park that is controlled by the passenger
transport company by which the person is
employed or engaged.
(2B) For the purposes of sub-section (2A), "rail
car park" means any land or premises that
is provided for the parking of vehicles
(including vehicles other than cars) by
people using the passenger transport services
of the passenger transport company.'.
(2) After section 77(5) of the Road Safety Act 1986
insert--
"(5A) Despite sub-section (5), any money that is
recovered by way of fine by a prosecutor
authorised under sub-section (2A) must be
paid into the Consolidated Fund.".
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25. Service of parking infringement notices
After section 87(1AC) of the Road Safety Act
Victorian Legislation and Parliamentary Documents
1986 insert--
"(1AD) If a person authorised under section 77(2A)
has reason to believe that a parking
infringement has been committed in respect
of any vehicle that is on or in any rail car
park (within the meaning of section 77(2B))
that is controlled by the passenger transport
company (within the meaning of the
Transport Act 1983) by which the person is
employed or engaged, he or she may serve or
cause to be served a parking infringement
notice as provided in the regulations.".
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Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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